The High Court reaffirms that anticipatory bail relief under Section 482 of BNSS (analogous to CrPC Section 438) can be granted for offences under the Railway Act, where custodial interrogation is unnecessary. This decision clarifies the continued practical parity between BNSS and prior CrPC provisions regarding anticipatory bail and affirms the established judicial approach to pre-trial incarceration.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/41555/2025 of JAGDISH RAJ Vs STATE OF PUNJAB |
| CNR | PHHC011210432025 |
| Date of Registration | 31-07-2025 |
| Decision Date | 31-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | Ms. Justice Manisha Batra |
| Court | High Court of Punjab and Haryana |
| Bench | Single Judge Bench |
| Precedent Value | Binding within jurisdiction |
| Type of Law | Criminal Procedure, Statutory Bail Provisions |
| Questions of Law |
|
| Ratio Decidendi |
The Court held that anticipatory bail can be granted under Section 482 of BNSS (pari materia with Section 438 of CrPC) for offences under Section 160(2) of the Railway Act, 1989. If the accused has joined investigation and custodial interrogation is not necessary, pre-trial incarceration is unwarranted. Interim bail may be made absolute subject to statutory conditions. |
| Facts as Summarised by the Court |
The petitioner sought anticipatory bail in connection with FIR No.331 dated 27.05.2025 for offences under Section 160(2) of the Railway Act, 1989. Petitioner was granted interim bail, joined investigation, and was found not to require custodial interrogation. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab & Haryana |
| Persuasive For | Other High Courts interpreting analogous BNSS and CrPC provisions |
What’s New / What Lawyers Should Note
- Clarifies that anticipatory bail may be granted under Section 482 BNSS (analogous to Section 438 CrPC) for Railway Act offences where custodial interrogation is not needed.
- Reinforces that interim bail can be made absolute once investigation participation is confirmed.
- Statutorily mandates that bail is subject to the explicit conditions in Section 482(2) BNSS.
Summary of Legal Reasoning
- The Court examined the application for anticipatory bail filed under Section 482 of the BNSS, 2023, which mirrors the earlier CrPC Section 438.
- The petitioner was granted interim protection and, upon direction, joined the investigation as required by the police.
- The State and the relevant investigating officer confirmed that the petitioner’s custodial interrogation was no longer required.
- The Court considered the nature of allegations and found pre-trial incarceration unnecessary.
- Accordingly, interim bail was made absolute, subject to conditions in Section 482(2) of the BNSS.
Arguments by the Parties
Petitioner
- Sought anticipatory bail under Section 482 BNSS.
- Complied with interim bail directions and joined investigation.
Respondent (State)
- Confirmed that petitioner joined investigation.
- Stated that custodial interrogation of the petitioner was not required.
Factual Background
The petitioner was implicated in FIR No.331 dated 27.05.2025 under Section 160(2) of the Railway Act, 1989, at Police Station RPF Pathankot. After filing for anticipatory bail, the Court granted interim bail and directed the petitioner to join the investigation. Upon compliance, the authorities reported no further need for custodial interrogation.
Statutory Analysis
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was analyzed as providing for anticipatory bail, functioning similar to Section 438 of the Code of Criminal Procedure.
- The order made interim bail absolute, expressly subject to conditions laid out in Section 482(2) BNSS.
Alert Indicators
- ✔ Precedent Followed – The decision follows well-established principles regarding the grant of anticipatory bail for non-serious offences where custodial interrogation is unnecessary.