The Punjab & Haryana High Court has clarified that upon satisfactory compliance with investigation requirements after an order granting anticipatory bail under Section 482 BNSS, courts may make such relief absolute if the investigating agency confirms non-requirement of the petitioner for further investigation. This judgment upholds procedural continuity under the Bharatiya Nagarik Suraksha Sanhita, 2023, replacing similar provisions of the CrPC, and serves as binding authority within the court’s territorial jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/45018/2025 of KULWINDER SINGH Vs STATE OF PUNJAB |
| CNR | PHHC011306252025 |
| Date of Registration | 18-08-2025 |
| Decision Date | 28-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | Mrs. Justice Sukhvinder Kaur |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within Punjab & Haryana; persuasive elsewhere |
| Type of Law | Criminal Procedure; Anticipatory Bail under BNSS |
| Questions of Law | Whether compliance with court directions and completion of required investigation entitles petitioner to absolute anticipatory bail under Section 482 BNSS. |
| Ratio Decidendi |
The court held that if, after grant of interim anticipatory bail, the petitioner has joined investigation pursuant to court directions, and the investigating agency confirms that the petitioner is not required for further investigation, the court may make the anticipatory bail absolute. Concurrent compliance with Section 482(2) BNSS conditions is also required. The decision affirms the procedural approach under the new BNSS framework, echoing principles from prior CrPC interpretations. |
| Facts as Summarised by the Court |
Petition under Section 482 BNSS for anticipatory bail in an FIR registered under Sections 319(2), 318(4), 316(2), 61(2), 336(2), 336(3), and 340(2) BNS (corresponding to 419, 420, 406, 120-B, 465, 468, 471 IPC), at PS Kharar, SAS Nagar, Punjab. The petitioner complied with previous directions and joined the investigation; the State submitted petitioner is not required for further investigation. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab & Haryana |
| Persuasive For | Other High Courts and similarly situated benches interpreting BNSS anticipatory bail provisions |
What’s New / What Lawyers Should Note
- Clarifies that after an accused joins investigation as directed in an anticipatory bail order, and the police confirm no further custodial interrogation is required, the court may make anticipatory bail absolute under Section 482 BNSS.
- Reinforces the procedural correspondence between BNSS and the erstwhile CrPC concerning anticipatory bail.
- Confirms that conditions under Section 482(2) BNSS continue to govern the conduct of the accused post-grant of absolute anticipatory bail.
- Lawyers can rely on prompt compliance and a clear State report to secure absolute anticipatory bail for clients under BNSS.
Summary of Legal Reasoning
- The court took note that the petitioner had joined investigation in compliance with its earlier order.
- The State, through the investigating officer, reported unequivocally that the petitioner was not required for further custodial interrogation.
- Relying on this report, and satisfaction of the court’s original conditions, the court allowed the petition and made the interim anticipatory bail absolute.
- The proviso remains that the petitioner must continue to cooperate as required and abide by the requirements of Section 482(2) BNSS.
- The reasoning maintains the alignment of new BNSS provisions with procedural logic established previously under the CrPC, bringing clarity for practitioners under the new code.
Arguments by the Parties
Petitioner
- Sought anticipatory bail under Section 482 BNSS.
- Complied with court orders and joined the investigation.
Respondent (State)
- On the basis of instructions from the investigating officer, confirmed that petitioner was no longer required for further investigation.
Factual Background
The petitioner faced prosecution under FIR No. 235 dated 28.07.2025 at Police Station Kharar, SAS Nagar, under various sections of the Bharatiya Nyaya Sanhita, corresponding to cheating, criminal breach of trust, conspiracy, and forgery offences. Pursuant to earlier direction, the petitioner joined the investigation. The investigating agency subsequently reported to the court that no further custodial investigation of the petitioner was required.
Statutory Analysis
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is the operative provision for anticipatory bail, analogous to Section 438 CrPC.
- Section 482(2) BNSS imposes continuing conditions on the petitioner to cooperate with the investigation and not misuse the privilege of anticipatory bail.
- The judgment interprets this statutory framework to enable an interim bail to be made absolute on satisfaction of the court and the investigating agency regarding cooperation and non-requirement of custodial interrogation.
Alert Indicators
- ✔ Precedent Followed – The judgment applies and affirms procedural continuity from established pre-BNSS law on anticipatory bail.