The High Court clarifies that anticipatory bail under Section 482(2) BNSS, 2023 is to be granted where the accused has joined and cooperated in investigation and custodial interrogation is not required, thus maintaining the fundamental approach followed under Section 438 CrPC. This judgment upholds existing precedent, interprets new procedural law (BNSS), and is binding on subordinate courts within Punjab and Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/49442/2025 of BALWINDER KAUR Vs STATE OF PUNJAB |
| CNR | PHHC011426202025 |
| Date of Registration | 03-09-2025 |
| Decision Date | 30-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE AMAN CHAUDHARY |
| Court | High Court of Punjab and Haryana |
| Bench | Single Judge Bench (MR. JUSTICE AMAN CHAUDHARY) |
| Precedent Value | Binding on subordinate courts within Punjab and Haryana |
| Type of Law | Criminal Procedure (anticipatory bail under BNSS, 2023) |
| Questions of Law | When should anticipatory bail be granted under Section 482(2) of BNSS, 2023, particularly if the accused has cooperated in investigation? |
| Ratio Decidendi |
|
| Facts as Summarised by the Court |
The petitioner was implicated in an FIR under Sections 316(2), 318(4), and 143 of the BNS. She joined investigation and fully cooperated with the investigating agency. The State confirmed compliance and indicated that custodial interrogation was not required. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Punjab & Haryana High Court |
| Persuasive For | Other High Courts and trial courts interpreting Section 482(2) BNSS, 2023 |
What’s New / What Lawyers Should Note
- The judgment applies Section 482(2) of the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in place of Section 438 CrPC for anticipatory bail petitions.
- Confirms continuity of legal principles from previous regime: cooperation with investigation and absence of need for custodial interrogation remain pivotal factors.
- Explicitly grants liberty to the prosecution to move for cancellation of bail if the petitioner fails to cooperate with the investigation after bail is granted.
- Clarifies the process for making interim anticipatory bail orders absolute under the BNSS.
Summary of Legal Reasoning
- The Court noted that the petitioner had joined investigation and fully cooperated with the investigating agency, as confirmed by the State.
- The investigating agency confirmed that the petitioner was not required for further custodial interrogation.
- Referring to conditions analogous to those under Section 438(2) CrPC, now Section 482(2) of BNSS, the Court held that anticipatory bail should be confirmed in such cases.
- The interim order for anticipatory bail was made absolute with the explicit caveat regarding cooperation with investigation; failure to cooperate results in risk of cancellation on State’s application.
Arguments by the Parties
Petitioner
- The petitioner has joined the investigation and fully cooperated with the investigating agency.
- Petitioner will continue to make herself available to the investigation agency as required.
Respondent (State)
- Confirmed that the petitioner has joined the investigation and cooperated fully.
- At present, petitioner is not required for further custodial interrogation.
Factual Background
The petitioner sought anticipatory bail in an FIR registered under Sections 316(2), 318(4), and 143 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Bhogpur, Jalandhar. The dispute arose after issues relating to sending sons abroad, with allegations arising thereafter. The petitioner joined investigation after interim bail was granted and fully cooperated; the State did not require further custodial interrogation.
Statutory Analysis
- Section 482(2) BNSS, 2023 (analogous to Section 438(2) CrPC) was interpreted as the governing provision for anticipatory bail.
- The Court required compliance with conditions set out under this section, reinforcing the legislative intent and continuity from the previous Code.
Procedural Innovations
- The Court explicitly referenced Section 482(2) BNSS, 2023 when granting anticipatory bail, updating the procedural approach for all such petitions post-enactment.
Alert Indicators
- ✔ Precedent Followed – The judgment affirms the approach under the old Section 438 CrPC, applying it to the corresponding provision in the new BNSS, 2023.