The High Court reaffirmed that anticipatory (interim) bail can be made absolute once the accused has joined investigation and is no longer required for custodial interrogation. The ruling upholds existing precedent regarding the confirmation of interim bail in cognizable, non-bailable offences and is binding on subordinate courts in Punjab and Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/33009/2025 of NITISH ARORA Vs STATE OF HARYANA |
| CNR | PHHC010962712025 |
| Date of Registration | 19-06-2025 |
| Decision Date | 10-09-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MS. JUSTICE SHALINI SINGH NAGPAL |
| Court | High Court of Punjab and Haryana, Chandigarh |
| Bench | Single Bench (MS. JUSTICE SHALINI SINGH NAGPAL) |
| Precedent Value | Binding within the territorial jurisdiction of Punjab and Haryana High Court |
| Type of Law | Criminal Procedure (Anticipatory Bail under BNSS, 2023) |
| Questions of Law | When and how should ad interim anticipatory bail be confirmed as absolute once the accused has joined investigation? |
| Ratio Decidendi |
Where the accused has joined the investigation upon being granted interim (ad interim) anticipatory bail, and the investigating agency reports that the accused’s custodial interrogation is no longer required, the interim order may be made absolute, subject to statutory conditions. The decision reasserts the principle that the purpose of anticipatory bail—to protect against unwarranted arrest—ceases to be controversial once the investigating authority expresses no further need for custodial interrogation. Confirmation of interim protection is appropriate in such circumstances. |
| Facts as Summarised by the Court |
The petitioner was granted ad interim anticipatory bail by order dated 23.06.2025, with a direction to join investigation. State counsel submitted that the petitioner had joined investigation and was no longer required for further interrogation. The petitioner’s bail application was therefore allowed and the interim order made absolute, subject to statutory conditions under BNSS, 2023. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Punjab and Haryana High Court |
| Persuasive For | May be cited before other High Courts, but not binding outside Punjab & Haryana |
| Follows | Reaffirms settled law regarding confirmation of anticipatory bail after accused joins investigation and is not required for custodial interrogation |
What’s New / What Lawyers Should Note
- The judgment restates that once the investigating officer informs the court that custodial interrogation is not required, the court should confirm anticipatory bail.
- Makes explicit reference to the updated procedural statute—Section 482(2) of BNSS, 2023—and its application to bail confirmations.
- Lawyers should ensure clients comply with investigation participation to strengthen anticipatory bail pleas.
- Reinforces that prosecution’s consent, via IO’s report, is a key factor for making interim protection absolute.
Summary of Legal Reasoning
- The court noted that ad interim anticipatory bail was granted previously, contingent on the petitioner joining the investigation.
- The State, through the investigating officer, confirmed the petitioner’s cooperation and stated custodial interrogation was no longer necessary.
- The judgment reasoned that, in such circumstances, interim bail protection must be made absolute, provided conditions under the relevant statute (Section 482(2), BNSS 2023) are satisfied.
- The approach is consistent with long-standing principles regarding the purpose and confirmation process of anticipatory bail.
Arguments by the Parties
Petitioner
- Sought anticipatory bail on the grounds of apprehension of arrest.
- Complied with court’s direction to join investigation.
State
- Informed the court, on instructions from the Investigating Officer, that the petitioner had joined investigation and was not required for further custodial interrogation.
Factual Background
The petitioner was named in FIR No.478 dated 09.08.2024 at Police Station Indri, Karnal, under Sections 323, 34, 377, 406, 498-A, 506 IPC. The court, on 23.06.2025, granted interim anticipatory bail with a direction to join investigation. After joining investigation, the State clarified that the petitioner was not needed for further custodial interrogation. This led to the confirmation of bail.
Statutory Analysis
- The court applied Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, laying statutory conditions for anticipatory bail.
- Emphasized that upon completion of investigation participation, statutory criteria for making bail absolute are met.
Alert Indicators
- ✔ Precedent Followed – The decision reaffirms settled principles regarding confirmation of anticipatory bail post-investigation cooperation under BNSS, 2023.