The High Court reaffirmed that when an accused joins and cooperates with investigation under the BNS, anticipatory bail protection may be made absolute, subject to statutory conditions. This decision adheres to established precedent, offering clear procedural guidance for future cases under BNS Section 140(2) in Punjab and Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/39832/2025 of KIRANDEEP KAUR ALIAS KIRANJEET KAUR Vs STATE OF PUNJAB |
| CNR | PHHC011161152025 |
| Date of Registration | 24-07-2025 |
| Decision Date | 02-09-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE RAJESH BHARDWAJ |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within Punjab & Haryana High Court’s jurisdiction |
| Type of Law | Criminal Law – Bail under Bhartiya Nagrik Suraksha Sanhita (BNS), 2023 |
| Questions of Law | Whether anticipatory bail may be made absolute where the accused joins and cooperates with investigation under Section 140(2) BNS, and the investigating agency confirms no further need for custodial interrogation. |
| Ratio Decidendi | The court observed that since the petitioner complied with interim directions, joined investigation, and fully cooperated, and as the State acknowledged no further need for custodial interrogation, anticipatory bail protection is justified. The interim order was made absolute subject to conditions under Section 482(2) BNS. |
| Facts as Summarised by the Court | Interim protection was granted, directing the petitioner to join investigation. The petitioner subsequently joined and cooperated fully. The State counsel confirmed no further custodial interrogation was required. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in the jurisdiction of Punjab & Haryana High Court |
| Persuasive For | Other High Courts considering similar bail applications under the Bhartiya Nagrik Suraksha Sanhita, 2023 |
What’s New / What Lawyers Should Note
- Reinforces that active cooperation with investigation is a key ground for making interim anticipatory bail absolute under Section 140(2) BNS.
- The High Court will generally not insist on custodial interrogation if the State acknowledges that the accused has fully joined and cooperated with the investigation.
- Bail orders are subject to statutory conditions under Section 482(2) BNS.
- Lawyers may cite this order when demonstrating their client’s cooperation during investigation to support continued bail protection.
Summary of Legal Reasoning
- The court considered the petitioner’s compliance with interim protection terms, specifically joining and fully cooperating with investigation.
- It relied on the confirmation from the State that no further custodial interrogation of the petitioner was necessary.
- On the basis of these facts, the court allowed the anticipatory bail petition, making the initial interim protection absolute, subject to compliance with the statutory conditions as provided under Section 482(2) BNS.
Arguments by the Parties
Petitioner:
- The petitioner joined the investigation and fully cooperated with the investigating agency.
- Requested that the interim order for anticipatory bail be made absolute.
State:
- Confirmed, on instructions, that the petitioner had joined the investigation.
- Stated that the petitioner was no longer required for further investigation.
Factual Background
An FIR was registered against the petitioner under Section 140(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, at Police Station Phillaur, District Jalandhar. The petitioner sought anticipatory bail. By an earlier interim order, the petitioner was directed to join the investigation. The petitioner complied fully, and the State subsequently confirmed that no further custodial interrogation was necessary.
Statutory Analysis
- The judgment references Section 140(2) of the BNS, 2023, as the offence in question.
- The bail order is made subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
- No statutory interpretation or reading down/up is mentioned in the judgment.
Alert Indicators
- ✔ Precedent Followed – Existing legal principles reaffirmed and applied to the facts