The High Court reiterated that once the petitioner joins investigation pursuant to the court’s order and the State confirms no further custodial interrogation is needed, interim anticipatory bail can be made absolute, subject to conditions under Section 482(2) BNSS, 2023; this upholds established precedent and remains binding for subordinate courts handling similar anticipatory bail pleas in criminal matters under Sections 406 and 420 IPC.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/21765/2025 of VIKAS KUMAR Vs STATE OF PUNJAB |
| CNR | PHHC010634042025 |
| Date of Registration | 23-04-2025 |
| Decision Date | 29-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE RAJESH BHARDWAJ |
| Court | High Court of Punjab and Haryana |
| Bench | Single Judge |
| Precedent Value | Binding on subordinate courts within Punjab and Haryana |
| Type of Law | Criminal Procedure (Anticipatory Bail) |
| Questions of Law |
|
| Ratio Decidendi |
The Court held that when a petitioner, granted interim anticipatory bail, has duly joined investigation and the State confirms that his further custody is not required, the court should make the interim bail absolute. This is subject to compliance with statutory conditions specified under Section 482(2) BNSS, 2023. The practice maintains consistency and legal certainty for anticipatory bail proceedings linked to offences under Sections 406 and 420 IPC. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | The Court relied on the factual confirmation from the State regarding investigation, and the statutory framework of Section 482(2) BNSS, 2023, without citing other judgments. |
| Facts as Summarised by the Court | FIR No.22 dated 04.03.2025 was registered against the petitioner under Sections 406 and 420 IPC. Interim anticipatory bail was earlier granted on condition that the petitioner join investigation. State confirmed petitioner has joined and is no longer required for custodial interrogation. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab and Haryana |
| Persuasive For | Other High Courts, and analogous cases pending elsewhere |
| Follows | Established procedural approach for anticipatory bail after compliance with investigation orders |
What’s New / What Lawyers Should Note
- The judgment clarifies that compliance with directions to join investigation is crucial for converting interim anticipatory bail into an absolute order.
- Explicit reference is made to statutory conditions under Section 482(2) BNSS, 2023.
- Defence lawyers should ensure prompt compliance and use official confirmation from the investigating agency or State for successful conversion.
- State counsel’s confirmation that custodial interrogation is no longer required can be decisive.
Summary of Legal Reasoning
- The Court considered the fact that the petitioner, after being granted interim protection, complied by joining the investigation as ordered.
- The State confirmed that no further custodial interrogation of the petitioner was necessary.
- Based on these facts, the Court held that the interim bail order should be made “absolute”.
- The Court made the final order subject to the fulfilment of conditions under Section 482(2) BNSS, 2023.
- The Court applied the statutory scheme and standard practice for anticipatory bail, without discussing other legal authorities, as the situation was straightforward based on compliance and prosecutorial non-objection.
Arguments by the Parties
Petitioner
- Petitioner had joined investigation pursuant to the interim bail order.
- Sought that interim bail be made absolute.
Respondent (State)
- Confirmed, on instructions from HC Sandeep Singh, that petitioner had joined the investigation.
- Stated petitioner was no longer required for further investigation.
Factual Background
- FIR No.22 dated 04.03.2025 was registered at Police Station City Samana, District Patiala, Punjab, under Sections 406 and 420 IPC against the petitioner.
- The petitioner approached the High Court seeking anticipatory bail.
- Interim protection was granted to the petitioner on 17.09.2025, with the direction to join investigation.
- The petitioner complied with this direction.
- The State confirmed to the Court that no further custodial interrogation was needed for the petitioner.
Statutory Analysis
- The Court applied the scheme of anticipatory bail under the applicable criminal procedure framework.
- The judgment references Section 482(2) of the BNSS, 2023, making compliance with its conditions mandatory for the grant of absolute anticipatory bail.
Procedural Innovations
- The judgment incorporates a practice of converting interim anticipatory bail into absolute bail upon factual compliance and prosecutorial confirmation, referencing the new Code (BNSS, 2023).
- No new procedural innovations, rules of evidence, or broad guidelines were detailed beyond this established process.
Alert Indicators
- ✔ Precedent Followed – The judgment follows established legal and procedural precedent for anticipatory bail matters, with statutory reference to BNSS, 2023.