The High Court reaffirms that once an accused joins investigation as directed and is not required for further custodial interrogation, interim anticipatory bail can be made absolute, subject to statutory conditions. This ruling upholds existing precedent and is binding on subordinate courts for cases involving pre-arrest bail under BNSS, 2023.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/30369/2025 of HARICHAND Vs STATE OF HARYANA AND OTHERS |
| CNR | PHHC010867192025 |
| Date of Registration | 27-05-2025 |
| Decision Date | 01-09-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | MR. JUSTICE NAMIT KUMAR |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on subordinate courts; persuasive for other forums |
| Type of Law | Criminal Procedure — Anticipatory Bail (Section 482 BNSS, 2023; corresponding to Section 438 CrPC) |
| Questions of Law | Whether anticipatory bail, initially granted as interim relief, should be made absolute once the accused has joined investigation and is not required for further interrogation, subject to statutory conditions. |
| Ratio Decidendi | The court held that since the petitioner had duly joined the investigation in compliance with the interim order and the State had confirmed that custodial interrogation was no longer needed, the anticipatory bail previously granted should be made absolute. The court further made the relief subject to the conditions under Section 438(2) CrPC/Section 482(2) BNSS, 2023, reinforcing that compliance with investigation directions and absence of custodial requirement suffice to make interim protection final. |
| Facts as Summarised by the Court | FIR No.355 dated 19.09.2023 was registered against the petitioner under Sections 8 & 12 of the POCSO Act, 2012. The petitioner, pursuant to interim anticipatory bail, joined investigation as directed. The State confirmed his cooperation and stated no further custodial need existed. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Punjab and Haryana High Court |
| Persuasive For | Other High Courts, if interpreting Section 482 BNSS, 2023 or Section 438 CrPC in similar factual matrices |
What’s New / What Lawyers Should Note
- The order affirms that mere compliance of the order to join investigation, along with the State’s admission that no further interrogation is necessary, obliges the court to make interim anticipatory bail relief absolute, subject to statutory conditions.
- Section 438(2) of CrPC or Section 482(2) of BNSS, 2023, governs the imposition of standard bail conditions at this stage.
- Lawyers should ensure prompt compliance with investigation orders to secure final anticipatory bail.
- The approach does not require repeated or prolonged hearings once the State concedes to non-requirement of further custodial interrogation.
Summary of Legal Reasoning
- The petitioner obtained interim anticipatory bail, contingent upon joining the investigation.
- The petitioner complied and joined investigation as directed by the earlier interim order of the court.
- The State confirmed, on record and via a status report, that the petitioner had cooperated and there was no further custodial requirement.
- Given these circumstances, the court made the interim relief absolute, relying on statutory provisions (Section 438(2) CrPC/Section 482(2) BNSS, 2023) to set the applicable conditions.
- The rationale rests upon the principle that, once an accused has cooperated with investigation and there is no case for custodial interrogation, anticipatory bail should not be withheld.
Arguments by the Parties
Petitioner
- The petitioner had complied with the interim order and joined the investigation.
- Requested that interim relief be made absolute as custodial interrogation was not sought.
Respondent / State
- Confirmed that the petitioner had joined the investigation per court order.
- Submitted that no further custodial interrogation was required.
Factual Background
FIR No.355 was lodged at Police Station Sadar Ballabgarh, Faridabad, on 19.09.2023, invoking Sections 8 & 12 of the POCSO Act, 2012 against the petitioner. After grant of interim anticipatory bail by the High Court, the petitioner joined the investigation as directed. The State subsequently confirmed the petitioner’s cooperation and submitted that no further custodial interrogation was required.
Statutory Analysis
- The petition was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to powers under Section 438 of the CrPC for anticipatory bail.
- The court applied Section 438(2) CrPC/Section 482(2) BNSS, 2023, which sets out standard conditions for granting such relief (“subject to the conditions envisaged under…”).
Alert Indicators
- ✔ Precedent Followed – The judgment reaffirms existing law and established practice on anticipatory bail.