The Punjab and Haryana High Court holds that anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to statutory conditions and not as an indefinite or blanket order. This judgment reaffirms existing precedent concerning pre-arrest bail powers and clarifies applicable procedural safeguards for all subordinate courts in Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/44291/2025 of DAL CHAND TANWAR ALIAS D.C.TANWAR Vs STATE OF HARYANA |
| CNR | PHHC011270142025 |
| Date of Registration | 12-08-2025 |
| Decision Date | 10-09-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE SUMEET GOEL |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within jurisdiction of Punjab and Haryana High Court |
| Type of Law | Criminal Procedure (Anticipatory Bail under BNSS, 2023) |
| Questions of Law |
|
| Ratio Decidendi |
The High Court clarified that Section 482 of BNSS, 2023 empowers it to grant anticipatory bail in appropriate circumstances where the petitioner joins investigation and is not required for custodial interrogation. Such orders are subject to the conditions laid down in Section 482(2) and are not to be treated as blanket or indefinite protection. Power must be exercised judiciously and limited to the specific FIR mentioned, without affecting other incidents or cases. The State or complainant may seek cancellation for any breach of imposed conditions. |
| Facts as Summarised by the Court | Petitioner sought anticipatory bail under Section 482 BNSS, 2023 in relation to FIR No. 233 dated 24.07.2025 (offences under multiple sections of BNS, 2023). Petitioner joined investigation as directed and was found not required for custodial interrogation by investigating authorities. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the Punjab and Haryana High Court’s jurisdiction |
| Persuasive For | Other High Courts, and where applicable, the Supreme Court |
What’s New / What Lawyers Should Note
- Section 482 of BNSS, 2023 is expressly recognized as a source of power for anticipatory bail, subject to statutory safeguards.
- Anticipatory bail granted is confined to the specific FIR and does not amount to blanket or indefinite protection against arrest.
- Conditions enumerated in Section 482(2) of BNSS, 2023 must be strictly complied with.
- The State/complainant may seek cancellation of bail upon violation of bail conditions or upon showing sufficient cause.
- No observations in the order should be treated as an opinion on merits; serves as a clear caution for future quashing/cancellation applications.
Summary of Legal Reasoning
- The Court examined Section 482 of BNSS, 2023 and affirmed its power to entertain and grant anticipatory bail.
- On petitioner’s compliance by joining investigation, and on submission by State counsel that custodial interrogation was no longer required, interim anticipatory bail was made absolute.
- The order was expressly confined to FIR No. 233 dated 24.07.2025, emphasizing that it does not constitute a blanket order or confer general immunity from arrest in all current or future matters.
- The Court reserved liberty for the State or complainant to seek recall/cancellation of bail upon breach of any conditions of Section 482(2) BNSS or for any other sufficient cause.
- The judgment eschewed any opinion on merits, adhering to procedural fairness and maintaining neutrality pending investigation.
Arguments by the Parties
Petitioner
- Petitioner apprehended arrest in relation to FIR concerning civil dispute.
- Expressed willingness to join investigation and cooperate with authorities.
Respondent (State)
- State counsel confirmed petitioner joined the investigation.
- Informed the Court, on police instructions, that petitioner was not required for custodial interrogation.
Factual Background
The petitioner faced arrest pursuant to FIR No. 233 dated 24.07.2025 registered at Police Station Kheripul, Faridabad, under various sections of the Bharatiya Nyaya Sanhita, 2023. Asserting the dispute to have civil genesis, the petitioner sought anticipatory bail. He was directed to join investigation and, after compliance, investigating authorities reported no requirement for custodial interrogation, leading to confirmation of interim bail.
Statutory Analysis
- The judgment centred on the interpretation and application of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the context of anticipatory bail.
- The order was conditioned upon compliance with Section 482(2), which prescribes statutory safeguards and conditions for such bail.
- The judgment clarified that anticipatory bail under this section is not unlimited (“blanket”) but confined to stated incidents in the FIR.
Alert Indicators
- ✔ Precedent Followed – The decision reaffirms existing legal principles and statutory interpretation regarding anticipatory bail under new BNSS, 2023.