Can Anticipatory Bail Be Granted Under Section 482 of BNSS, 2023 When the Petitioner Has Duly Joined Investigation and Is Not Required for Custodial Interrogation?

The High Court of Punjab & Haryana affirms that anticipatory bail under Section 482 of the BNSS, 2023, is appropriate when the petitioner has joined investigation and custodial interrogation is not required; the order granting interim bail is made absolute. This serves as binding authority for anticipatory bail proceedings under BNSS, upholding established principles.

 

Summary

Category Data
Case Name CRM-M/52187/2025 of ASHA DEVI Vs STATE OF PUNJAB
CNR PHHC011499072025
Date of Registration 15-09-2025
Decision Date 29-10-2025
Disposal Nature ALLOWED
Judgment Author Mrs. Justice Manisha Batra
Court High Court of Punjab and Haryana
Precedent Value Binding on subordinate courts within the jurisdiction
Type of Law Criminal Procedure — Anticipatory Bail under BNSS, 2023
Questions of Law Whether anticipatory bail can be confirmed as absolute when petitioner has joined investigation and custodial interrogation is not required under Section 482 BNSS, 2023?
Ratio Decidendi
  • The petitioner, having joined investigation and not being required for custodial interrogation, is entitled to anticipatory bail.
  • Interim bail order is made absolute in these circumstances subject to Section 482(2) of BNSS.
  • The court refrains from commenting on merits, focusing on the process and status of the investigation.
Facts as Summarised by the Court
  • The petitioner sought anticipatory bail in FIR No. 96 dated 07.06.2025 under Section 420 IPC.
  • On 17.09.2025, interim bail was granted with a direction to join investigation.
  • The petitioner joined the investigation on 19.09.2025.
  • The State confirmed custodial interrogation is not now required.
  • The court allowed the petition, confirming permanent anticipatory bail subject to statutory conditions.

Practical Impact

Category Impact
Binding On All subordinate courts within the jurisdiction of the High Court of Punjab & Haryana
Persuasive For Other High Courts considering similar bail situations under BNSS, 2023

What’s New / What Lawyers Should Note

  • Confirms that under Section 482 of BNSS, 2023, anticipatory bail should be made absolute where the petitioner has diligently joined investigation and custodial interrogation is not required.
  • The observations clearly note that commenting on merits is unnecessary for bail confirmation in such situations.
  • Lawyers should ensure timely compliance with investigation requirements to strengthen anticipatory bail petitions.
  • Statutory conditions under Section 482(2) of BNSS, 2023, will apply to bail so granted.

Summary of Legal Reasoning

  • The court noted the petitioner’s compliance with earlier directions and that she joined the investigation as required.
  • Upon the State’s acknowledgment that custodial interrogation is not needed, the necessity for pre-trial incarceration was considered unwarranted.
  • The court relied on the principle that bail should be confirmed where investigation cooperation is established, and no further custodial interrogation is sought by the State.
  • Interim bail was thus confirmed as permanent, without addressing the case’s merits, and subject to statutory compliance.

Arguments by the Parties

Petitioner

  • Requested anticipatory bail under Section 482 BNSS, 2023, in connection with FIR No. 96 under Section 420 IPC.
  • Contended that she had joined the investigation as directed by the court.

State (Respondent)

  • Filed a status report confirming petitioner’s compliance.
  • Informed the court that the petitioner is not required for custodial interrogation.

Factual Background

The petitioner was named in FIR No. 96 dated 07.06.2025, registered at Police Station Division No.2, District Pathankot, under Section 420 IPC. On 17.09.2025, the High Court granted her interim bail and directed her to cooperate and join the investigation. She joined the investigation on 19.09.2025. The State subsequently stated she was no longer required for custodial interrogation. The court thus allowed the anticipatory bail petition and confirmed the interim bail order, applying statutory conditions.

Statutory Analysis

The judgment considered Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifically regarding anticipatory bail provisions. The court directed that the bail be confirmed subject to the compliance with conditions laid down in Section 482(2) BNSS, 2023, but did not discuss interpretation or reading down/up of the statutory text.

Alert Indicators

  • Precedent Followed – The judgment affirms and applies established principles for grant of anticipatory bail following compliance with investigation directions and lack of custodial interrogation requirement.

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