The Punjab & Haryana High Court upholds that when an accused, granted interim anticipatory bail, has fully joined and cooperated with the investigation and is no longer required by the police, the interim order should be made absolute, subject to compliance with statutory conditions. This order reaffirms existing practice and serves as binding authority for future applications relating to investigation-stage bail under similar circumstances.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/40891/2025 of NARESH KUMAR Vs STATE OF PUNJAB |
| CNR | PHHC011190692025 |
| Date of Registration | 29-07-2025 |
| Decision Date | 01-09-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE RAJESH BHARDWAJ |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding in jurisdiction |
| Type of Law | Criminal Procedure / Anticipatory Bail under Sections 420 & 406 IPC and BNSS, 2023 |
| Questions of Law | Whether full cooperation by the accused in investigation and non-requirement by police justifies the confirmation of interim anticipatory bail order. |
| Ratio Decidendi |
The High Court held that when the accused, having been granted interim anticipatory bail, has duly joined and fully cooperated with the investigation and is no longer required for further investigation, the interim bail is to be made absolute. This is subject to the compliance of statutory conditions prescribed under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The decision provides clarity on the transition from interim to absolute relief in anticipatory bail matters, particularly for offences under Sections 420 and 406 IPC. The State’s confirmation that the petitioner is no longer required for investigation plays a decisive role. |
| Facts as Summarised by the Court |
Petitioner sought anticipatory bail after being booked under Sections 420 and 406 IPC. Interim bail was granted on condition of joining investigation. The petitioner complied and joined the investigation; the State confirmed he was no longer required. The petitioner requested confirmation of interim protection. |
| Citations | Not mentioned in the judgment. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab & Haryana |
| Persuasive For | Other High Courts |
What’s New / What Lawyers Should Note
- Anticipatory bail granted on interim basis may be made absolute if the accused fully joins the investigation and the investigating agency does not require further custodial interrogation.
- State’s confirmation regarding the requirement of the accused during the investigation is a key factor for confirming bail.
- Compliance with conditions outlined under Section 482(2) Bhartiya Nagrik Suraksha Sanhita, 2023 is mandated.
- This order is binding authority within Punjab & Haryana for confirmation of interim anticipatory bail when statutory and investigative compliance is established.
Summary of Legal Reasoning
The Court noted that the petitioner, after being granted interim anticipatory bail, obeyed the condition to join investigation and fully cooperated with the investigating agency. The State’s counsel confirmed that the petitioner participated as required and is no longer needed for further investigation. Based on these facts, the High Court found that the interim protection should be confirmed, subject to compliance with conditions set forth in Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The reasoning is rooted in administrative efficiency and the principle that bail’s primary function—ensuring the accused’s presence and cooperation—was satisfied.
Arguments by the Parties
Petitioner
- The petitioner faithfully joined the investigation and fully cooperated with the investigating agency.
- Requested that the interim anticipatory bail order be made absolute.
State
- Confirmed that the petitioner joined the investigation.
- Stated that the petitioner is no longer required for further investigation.
Factual Background
An FIR No. 52 dated 11.05.2025 was registered against the petitioner under Sections 420 and 406 of the IPC at Police Station Sadar Raikot, District Ludhiana (Rural). The petitioner sought anticipatory bail. The High Court granted interim protection on 31.07.2025, directing the petitioner to join the investigation. The petitioner complied, and the State confirmed no further requirement of the petitioner for investigation. The petitioner then sought to make the interim bail absolute.
Statutory Analysis
The judgment applied Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, treating it as the CrPC equivalent. It mandates that any final order granting anticipatory bail remains subject to the statutory conditions envisaged therein. Adherence to these statutory requirements was expressly required as a condition for relief.
Alert Indicators
- ✔ Precedent Followed – When existing law is affirmed.