IN THE HIGH COURT OF PUNJAB & HARYANA 203 Sarvinder @ Shunty State of Haryana CORAM : HON'BLE MR. JUSTICE Present :- Mr. Mr. Paras Talwar, Sr. DAG, Haryana VINOD S. BHARDWAJ The instant petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the petitioner in case under Section 304 of the BNS was deleted and Section 309(6) of BNS was added later on] Station Thanesar Sadar, District Kurukshetra 2. State of Haryana was directed to seek instructions and to file status report vide order the petitioner contended that of occurrence as on the date when the incident in question took place. He gave details of the mobile number held by mother and contended that the details of the said mobiles be verified. 3. Vide order dated 26.09.2025, the State was directed to verify the call details as well as the tower location of the petitioner. Arrest of the petitioner was acc respondent-State regarding call details. On considering the same, this Court IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-51 Date of decision: Sarvinder @ Shunty VERSUS Haryana HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Mr. Vipul Aggarwal, Advocate for the petitioner Mr. Paras Talwar, Sr. DAG, Haryana ***** VINOD S. BHARDWAJ, J. (Oral) The instant petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to petitioner in case bearing FIR No.483 304 of the Bharatiya Nyaya Sanhita, 2023 BNS was deleted and Section 309(6) of BNS was added later on] Thanesar Sadar, District Kurukshetra. State of Haryana was directed to seek instructions and to file status report vide order dated 12.09.2025. On the adjourned date, counsel for the petitioner contended that the petitioner was not present around the place of occurrence as on the date when the incident in question took place. He gave details of the mobile number held by the petit mother and contended that the details of the said mobiles be verified. Vide order dated 26.09.2025, the State was directed to verify the call details as well as the tower location of the petitioner. Arrest of the petitioner was accordingly stayed. The status report was filed by the State regarding call details. On considering the same, this Court IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 51165-2025 (O&M) Date of decision: 13.02.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ for the petitioner. Mr. Paras Talwar, Sr. DAG, Haryana. The instant petition has been filed under Section 482 of the for grant of anticipatory bail to dated 17.08.2025 registered Bharatiya Nyaya Sanhita, 2023 [Section 304 of BNS was deleted and Section 309(6) of BNS was added later on] at Police State of Haryana was directed to seek instructions and to file dated 12.09.2025. On the adjourned date, counsel for was not present around the place of occurrence as on the date when the incident in question took place. He the petitioner as well as his mother and contended that the details of the said mobiles be verified. Vide order dated 26.09.2025, the State was directed to verify the call details as well as the tower location of the petitioner. Arrest of the ordingly stayed. The status report was filed by the State regarding call details. On considering the same, this Court SUMIT SINGH GUSAIN 2026.02.16 16:45 I attest to the accuracy and integrity of this document 2 203 CRM-M-51165-2025 (O&M) directed the petitioner to join investigation vide order dated 21.11.2025. 4. Learned State Counsel on instructions from SI Sukhdev Singh, No.31-A, contends that the petitioner has joined investigation but he is not cooperating. 5. Counsel for the petitioner contends that the investigating officer is misleading this Court. He further contends that the respondent-authorities had been resisting in the same manner even when the petitioner went to join investigation. He thus moved an application before the Illaqa Magistrate/Additional Chief Judicial Magistrate, Kurukshetra for seeking directions to investigation officer to join the petitioner in the investigation. The Additional Chief Judicial Magistrate, Kurukshetra called the investigating officer and the petitioner was made to join the investigation. The statement of the IO was specifically recorded to the effect that the petitioner has joined investigation and there is no further need for him to join investigation. The order dated 07.02.2026 passed by the Additional Chief Judicial Magistrate, Kurukshetra reads thus: “An application to direct the SI Sukhdev No. 31/A, CIA-I, Kurukshetra to join the applicant in the investigation filed by the applicant. Accused has granted the concession of anticipatory bail by Hon'ble High Court but it is the stand of applicant that IO has failed to join him in the investigation. Intimation given to IO, who appeared before the court after sometime. He has taken accused alongwith him and appeared along with the applicant after sometime and placed on file status report wherein it is mentioned that accused has already been joined in the investigation on 13.01.2026 and 20.01.2026 and now there is no need to join him in the investigation. In these circumstances, no further action is required in the present SUMIT SINGH GUSAIN 2026.02.16 16:45 I attest to the accuracy and integrity of this document 3 203 CRM-M-51165-2025 (O&M) case. Application disposed off accordingly. Now, papers are tagged with FIR/connected papers.” 6. In view of the above, the present petition is allowed and the interim order dated 21.11.2025 is made absolute. 7. However, if required, the petitioner(s) shall continue to join investigation as and when required to do so and shall abide by the terms and conditions, as laid down under Section 482 (2) BNSS. (VINOD S. BHARDWAJ) 13.02.2026 JUDGE Sumit Gusain Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.02.16 16:45 I attest to the accuracy and integrity of this document