The High Court clarified that pre-arrest bail granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, may be made absolute following cooperation in the investigation, but such relief is not a blanket or indefinite protection and is strictly confined to the specific FIR. This decision upholds current legal standards and clarifies conditions for anticipatory bail under the new legislation, serving as binding precedent for subordinate courts.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/51215/2025 of SUNIL BHALWAN @ SUNIL Vs STATE OF PUNJAB AND ANOTHER |
| CNR | PHHC011474512025 |
| Date of Registration | 10-09-2025 |
| Decision Date | 28-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE SUMEET GOEL |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on subordinate courts |
| Type of Law | Criminal Procedure – Application of Section 482 BNSS, 2023 to pre-arrest bail |
| Questions of Law | Whether anticipatory bail granted by interim order under Section 482 of BNSS, 2023 can be made absolute; scope and limitations of such bail relief. |
| Ratio Decidendi |
The Court held that anticipatory bail granted to the petitioner for FIR No.155/2025 under Sections 109, 115(2), 118(1), 126(2), 324(4), 191(3), 190 of BNS 2023 can be made absolute if the petitioner joined and cooperated in the investigation. However, such bail is not a blanket or indefinite protection and applies only to the specified FIR. Liberty is given to the State or the complainant to seek cancellation on violation of bail conditions or for sufficient cause. |
| Facts as Summarised by the Court |
The petitioner, apprehending arrest in connection with FIR No.155 dated 27.07.2025, moved for anticipatory bail under Section 482 BNSS, 2023. The interim order directed him to join the investigation and granted interim protection. The State submitted that the petitioner joined the investigation but argued custodial interrogation was required. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Punjab and Haryana High Court |
| Persuasive For | Other High Courts and potentially the Supreme Court in interpreting Section 482 of the BNSS, 2023 |
What’s New / What Lawyers Should Note
- Clarifies that pre-arrest bail under Section 482 BNSS, 2023 granted via interim order can be made absolute on compliance with investigation.
- Explicitly confines anticipatory bail protection to the specific FIR cited—does not grant blanket or indefinite protection against all possible future arrests.
- Establishes that the order is open to recall/cancellation if conditions are violated or other sufficient cause is shown.
- Lawyers should ensure strict compliance with bail conditions and advise clients that such orders are case-specific and not universally protective.
Summary of Legal Reasoning
- The petitioner was granted interim anticipatory bail on the condition of joining and cooperating with the investigation.
- The State acknowledged compliance but sought custodial interrogation for uncovering further details and preventing interference with witnesses.
- The Court emphasized petitioner’s cooperation, making the interim anticipatory bail absolute.
- The protection extends only to the specified FIR and is not a general bar against arrest in unrelated matters, expressly stating that the order is not to be construed as blanket or indefinite protection.
- The State and complainant were granted liberty to move for cancellation of bail if conditions are breached or any sufficient cause is established.
- No opinion was formed regarding the merits of the underlying criminal allegations.
Arguments by the Parties
Petitioner
- The petitioner has been falsely implicated.
- No specific overt act attributed to him.
- Willing to join the investigation and cooperate fully.
Respondent (State)
- Petitioner joined the investigation.
- Custodial interrogation sought to uncover the entire conspiracy and prevent interference with prosecution witnesses.
Factual Background
The petitioner faced apprehension of arrest in connection with FIR No.155 dated 27.07.2025 registered at Police Station Basti Bawa Khel, Jalandhar, for offences under Sections 109, 115(2), 118(1), 126(2), 324(4), 191(3), and 190 of the BNS, 2023. He sought anticipatory bail under Section 482 of the BNSS, 2023. Initially, interim protection was granted conditioned on joining the investigation. The petitioner complied, and the matter was considered for making the bail absolute.
Statutory Analysis
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was invoked and applied to the anticipatory (pre-arrest) bail proceedings.
- Section 482(2) was specifically cited to impose bail conditions, and the judgment reaffirmed the limited application of anticipatory bail to the specific FIR at issue.
- The Court reinforced statutory terms, holding that anticipatory bail under Section 482(2) is not a blanket protection and is subject to recall on violation or sufficient cause.
Procedural Innovations
- Court made clear that anticipatory bail under Section 482 BNSS, 2023 should contain express limitations restricting relief to the FIR cited, and should not be read as indefinitely shielding the petitioner from arrest in unrelated matters.
- The judgment also reserved explicit liberty to the State/complainant to seek cancellation/recall of bail for breach of conditions or sufficient cause.
Alert Indicators
- ✔ Precedent Followed – The judgment applies and clarifies existing principles regarding anticipatory bail, now under Section 482 of the BNSS, 2023.