Court affirms the applicability of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for pre-arrest bail, outlining specific procedural safeguards; makes absolute interim anticipatory bail when custodial interrogation is not required, subject to statutory conditions. Precedent has binding value for subordinate courts in Punjab and Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/56343/2025 of GURNAIB SINGH AND ANOTHER Vs STATE OF PUNJAB |
| CNR | PHHC011608912025 |
| Date of Registration | 30-09-2025 |
| Decision Date | 30-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE SUMEET GOEL |
| Court | High Court of Punjab and Haryana |
| Bench | Single Bench (MR. JUSTICE SUMEET GOEL) |
| Precedent Value | Binding on subordinate courts within Punjab and Haryana jurisdiction |
| Type of Law | Criminal Procedure; Interpretation of Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Questions of Law |
|
| Ratio Decidendi |
The Court held that anticipatory bail can be granted under Section 482 of the BNSS, 2023, subject to compliance with statutory conditions prescribed under Section 482(2). Once the petitioner joins investigation and there is no requirement for custodial interrogation, the interim protection can be made absolute. The order must not be construed as a ‘blanket’ protection; its scope is limited to the FIR in question and subject to compliance with all enumerated conditions. The State/complainant retains liberty to seek cancellation of bail upon breach of conditions or sufficient cause. No expression of opinion is given on case merits. |
| Facts as Summarised by the Court |
The petitioners sought anticipatory bail in respect of FIR No.158 dated 20.12.2024 under Sections 132, 221, 285 of BNSS, 2023 and Section 8B of the National Highway Act, 1956, alleging false implication in a protest. They had earlier been given interim bail, joined investigation as directed, and the State did not seek their custody. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab and Haryana |
| Persuasive For | Other High Courts, given the novelty under BNSS, 2023 |
What’s New / What Lawyers Should Note
- The High Court has clarified that Section 482 BNSS, 2023 is available for seeking anticipatory bail, even post-BNSS regime.
- Interim anticipatory bail may be made absolute when petitioners join investigation and custodial interrogation is not required.
- Bail orders under Section 482 BNSS must not be construed as “blanket” protection; they are strictly confined to the specific FIR and subject to compliance with statutory conditions.
- The State/complainant is reserved liberty to seek cancellation/recall if there is violation of bail terms or other sufficient cause.
- Practitioners should ensure petitioners strictly comply with all Section 482(2) conditions to retain bail.
Summary of Legal Reasoning
- The petition was moved under Section 482 of the BNSS, 2023, seeking anticipatory bail for specific FIR offences.
- The court noted prior interim bail granted and confirmed that the petitioners had joined the investigation, as required.
- State counsel (on instructions) confirmed to the court that no custodial interrogation was required once petitioners complied with investigation directions.
- The court made absolute its previous interim order, explicitly subjecting continued protection to strict adherence with conditions under Section 482(2) of the BNSS, 2023.
- It was clarified that the protection was not blanket, but strictly limited to the specific FIR; further, the order left open to the State or complainant the option to seek cancellation if any conditions were breached or for sufficient subsequent cause.
- The court gave no opinion on the underlying merits of the dispute.
Arguments by the Parties
Petitioner
- Petitioners are men with clean antecedents.
- They were part of a peaceful demonstration against narcotic dealers and have been falsely implicated in the FIR.
- Interim anticipatory bail had been granted earlier, but initial non-appearance was due to miscommunication with counsel.
- Petitioners are now willing to join and cooperate fully with the investigation.
State
- State Counsel confirmed, upon instructions, that the petitioners had indeed joined investigation.
- Confirmed that petitioners’ custodial interrogation was not required.
Factual Background
Petitioners approached the High Court under Section 482 BNSS, 2023, seeking anticipatory bail in FIR No.158 dated 20.12.2024, registered at Police Station City-1, Mansa, for offences under Sections 132, 221, 285 of BNSS, 2023, and Section 8B of National Highway Act, 1956. The FIR related to a protest, in which the petitioners claimed false implication. Interim bail was granted, directing them to join investigation; the State later confirmed such compliance and lack of need for custodial interrogation.
Statutory Analysis
- The Court interpreted Section 482 of the BNSS, 2023, as conferring jurisdiction for pre-arrest (anticipatory) bail.
- The Court emphasized compliance with the conditions specified under Section 482(2) of the BNSS, 2023.
- No blanket or general immunity arises from orders under Section 482; the relief is FIR-specific and conditional.
Procedural Innovations
- The order reiterates that compliance with investigation (joining as directed) is a pre-condition for continued protection via anticipatory bail.
- Liberty is reserved for the State/complainant to seek cancellation of bail upon violation of stated conditions or for sufficient cause.
Alert Indicators
- ✔ Precedent Followed – Recognizes and applies established legal principles to the new statutory regime under BNSS, 2023.