The High Court reaffirmed that when, after complying with interim directions, the investigating agency informs the court that a petitioner is no longer required for custodial interrogation, the court may make anticipatory bail absolute under Section 482 BNSS. This ruling provides a clear precedent for future anticipatory bail applications under the new Bharatiya Nagarik Suraksha Sanhita, 2023, particularly within Punjab and Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/43425/2025 of SANDEEP @ KULDEEP KAUR Vs STATE OF PUNJAB |
| CNR | PHHC011256392025 |
| Date of Registration | 07-08-2025 |
| Decision Date | 28-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | Mrs. Justice Sukhvinder Kaur |
| Court | High Court of Punjab & Haryana |
| Precedent Value | Binding on all subordinate courts in Punjab & Haryana |
| Type of Law |
|
| Questions of Law | Whether anticipatory bail under Section 482 BNSS can be made absolute upon compliance with interim conditions and no further need for custody. |
| Ratio Decidendi |
Where an interim order has been passed granting protection to a petitioner, and upon compliance, the prosecution concedes that the petitioner is not required for further investigation, the anticipatory bail can be made absolute. The decision rests upon the petitioner’s satisfaction of conditions stipulated in the interim order, and the consistent cooperation with the investigative process. The petitioner must continue to cooperate and comply with all statutory conditions. |
| Facts as Summarised by the Court |
Petitioner sought anticipatory bail in an FIR alleging offences under BNS Sections 121(1), 221, 132, 126(2) read with Section 190. The court directed the petitioner to join the investigation. State reported that the petitioner joined investigation and is not required for further custodial interrogation. On this basis, the court made the interim bail order absolute with continued cooperation conditions. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab & Haryana |
| Persuasive For | Other High Courts, particularly for interpretation of Section 482 BNSS |
What’s New / What Lawyers Should Note
- The judgment clarifies that interim anticipatory bail granted under Section 482 BNSS can be made absolute if, upon compliance, the investigating officer reports no further requirement for custodial interrogation.
- Establishes a clear sequence: compliance with court directions (such as joining investigation) followed by positive report from prosecution supports conversion of interim bail into absolute protection.
- Reinforces that continued cooperation with investigation and strict adherence to statutory bail conditions remain mandatory.
- Counsels can cite this as authority for making interim protection absolute in similar factual circumstances under the BNSS regime.
Summary of Legal Reasoning
- The court noted that the petitioner, in compliance with the interim order, joined the investigation as directed.
- Upon receiving a report from the State counsel (based on police instructions) that no further custodial interrogation or presence of the petitioner is required, judicial protection under interim order was considered sufficient.
- Court used its discretion under Section 482 BNSS to allow the petition and make the interim relief absolute.
- The order includes continued obligation on the petitioner to participate in future investigation as required and to comply with conditions laid out under Section 482(2) BNSS.
- The legal reasoning follows a stepwise approach: compliance, assessment of necessity for custody, and making interim bail absolute upon satisfaction of legal and factual requirements.
Arguments by the Parties
Petitioner
- Sought anticipatory bail under Section 482 BNSS for offences under the applicable FIR.
- Complied with interim directions by joining investigation.
Respondent (State)
- Informed the court (via ASI Harjeet Singh) that the petitioner joined investigation pursuant to court order.
- Reported that the petitioner is not required for further investigation or custodial interrogation.
Factual Background
An FIR was registered against the petitioner for offences under Sections 121(1), 221, 132, 126(2), read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Kotli Surat Mallian, District Gurdaspur. The petitioner moved the High Court for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court had passed an interim order for the petitioner to join investigation. After compliance, the State informed the court that the petitioner was not required for further investigation, leading to the making of interim bail order absolute.
Statutory Analysis
- The judgment interprets Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pertaining to the court’s inherent powers to grant protective relief, specifically anticipatory bail.
- It also references Section 482(2) BNSS, which prescribes the conditions to be complied with by a petitioner granted anticipatory bail.
- The order required strict adherence to the conditions mentioned under Section 482(2) BNSS, ensuring legislative compliance.
Alert Indicators
- ✔ Precedent Followed – The court applies and upholds recognized principles relating to anticipatory bail, adapted to the BNSS context.