Anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023, can be granted subject to unique conditions, including community work, as part of judicial discretion. This judgment upholds precedent on court’s power to innovate safeguard conditions and stands as binding authority for subordinate courts in Punjab and Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/64598/2024 of KARANDEEP SINGH Vs STATE OF PUNJAB |
| CNR | PHHC011784052024 |
| Date of Registration | 18-12-2024 |
| Decision Date | 28-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE AMAN CHAUDHARY |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on Punjab and Haryana subordinate courts |
| Type of Law | Criminal Procedure — Anticipatory Bail; BNSS, 2023 |
| Questions of Law | Whether anticipatory bail under BNSS, 2023 can be granted with innovative conditions including community engagement. |
| Ratio Decidendi |
The Court affirmed that, pursuant to Section 482 BNSS, 2023, anticipatory bail may be granted subject to conditions devised by the Court, such as social work. In granting bail, the Court imposed community engagement measures—anti-drug lectures and tree plantation—besides compliance with statutory conditions and police cooperation. The Court clarified that non-compliance allows the State to seek cancellation of bail. The order also required regular participation with the village Sarpanch for these measures, and a reporting mechanism was instituted to ensure compliance. |
| Facts as Summarised by the Court |
The petitioner sought anticipatory bail in FIR No. 11388, dated 27.10.2024, registered under Sections 125, 191(3), 190 BNSS, 2023 and Sections 25 and 27 Arms Act, with Section 109 BNSS later added, at Police Station Dera Baba Nanak, District Batala. The Court noted the petitioner’s young age, political rivalry, absence of injury or property loss, and parity with co-accused granted bail. During the proceedings, the interim bail order required police cooperation, personal and surety bonds, as well as specific community actions coordinated by the Sarpanch, with compliance monitored by the Court via reports and photographs. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab and Haryana |
| Persuasive For | Other High Courts, especially when considering creative bail conditions under the BNSS, 2023 |
| Follows | Discretionary bail jurisprudence; No specific case overruled, but extends scope of conditional bail regimes |
What’s New / What Lawyers Should Note
- The judgment demonstrates that courts may impose creative and socially beneficial conditions (anti-drug advocacy, tree plantation) as part of anticipatory bail orders under Section 482 BNSS, 2023.
- Requires involvement of local authorities (e.g., Sarpanch) in monitoring compliance with bail conditions.
- Provides mechanism for compliance verification, including submission of reports and photographs to the court.
- Makes clear that non-cooperation by the accused triggers the State’s right to seek bail cancellation.
- Reaffirms the court’s wide discretion in prescribing both statutory and innovative bail conditions.
Summary of Legal Reasoning
- The Court recognised its powers under Section 482 BNSS, 2023, to grant anticipatory bail with suitable conditions beyond the statutory minimum.
- In this case, the Court tailored bail conditions to include: police cooperation, personal and surety bonds, participation in anti-drug campaigns, and tree plantation overseen by the Sarpanch.
- Compliance was enforced by calling for periodic reports and evidence (photographs) from the Sarpanch.
- The Court found these conditions appropriate in light of the petitioner’s young age, lack of harm caused in the alleged incident, alleged political motivation, and parity with co-accused who had received bail.
- The Court expressly stated non-compliance allows the State to apply for cancellation of bail, underlining the enforceability of such innovative conditions.
- The Court did not express any opinion on the case merits but focused solely on the procedural and conditional aspects of bail.
Arguments by the Parties
Petitioner
- Sought anticipatory bail in view of alleged false implication due to political rivalry.
- Petitioner is a young man, with no injuries or damages reported in the allegation.
- Claimed parity with co-accused who was already granted bail.
- Argued that he had joined investigation as ordered and that custodial interrogation was unnecessary.
State
- No specific arguments of opposition to bail detailed in the final order; however, State’s right to seek cancellation for non-compliance of bail terms is preserved.
Factual Background
The petitioner was accused in FIR No. 11388 dated 27.10.2024, registered at Police Station Dera Baba Nanak, District Batala, under Sections 125, 191(3), 190 BNSS, 2023, and Sections 25 and 27 of the Arms Act, with Section 109 BNSS added later. The petitioner, age 21, contended he was falsely implicated on account of political rivalry; no injury or loss was reported. During the pendency of the anticipatory bail petition, interim bail was granted with conditions including community engagement overseen by the Sarpanch. Compliance was tracked by the Court through reports and photographs.
Statutory Analysis
- The Court applied Section 482 of the BNSS, 2023, which empowers High Courts to grant anticipatory bail with such conditions as deemed fit.
- Required compliance with Section 482(2) BNSS, 2023, concerning bail conditions.
- Bail was made subject to both traditional (appearance, cooperation with investigation) and additional, socially beneficial conditions (public lectures against drugs, tree plantation).
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
- Imposed unique bail conditions involving community service: leading anti-drug campaigns and tree planting.
- Mandated compliance monitoring through the village Sarpanch, with obligation to report back to the Court.
- Required submission of photographic evidence of compliance.
- Established a direct grievance redressal mechanism: non-compliance permits the State to seek cancellation of bail.
Alert Indicators
- ✔ Precedent Followed