CRM-M-30619 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (104) Navdeep Bhagat alias Navdeep State of Punjab and Anr. CORAM: Present: ALOK JAIN, J. (Oral) 1. BNSS, 2023 seeking grant of anticipatory bail to the petitioner in FIR No. 30 dated 26.04.2026, registered under Sections 316(2) and 85 of the BNS, 2023 (corresponding Women Cell, District Jalandhar. 3. recorded by the learned trial Court for declining the concession of anticipatory bail to the petitioner was allegedly given to the petitioner and his family at the time of marriage. Learned counsel further submits that the entire set of allegations is false and incorrect. It is argued that all the dates on which the complainant alleged that she was subjected to cruelty are -1- 30619-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Navdeep Bhagat alias Navdeep Versus State of Punjab and Anr. HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Sandeep Arora, Advocate for the petitioner. Mr. Mandeep Singh Sachdev, Advocate with Mr. Om Malhan, Advocate for the complainant. (through VC) **** ALOK JAIN, J. (Oral) The present petition has been filed under Section 482 of the BNSS, 2023 seeking grant of anticipatory bail to the petitioner in FIR No. 30 dated 26.04.2026, registered under Sections 316(2) and 85 of the BNS, 2023 (corresponding to Sections 406 and 498 Women Cell, District Jalandhar. Learned counsel for the petitioner submits that the only reason recorded by the learned trial Court for declining the concession of anticipatory bail to the petitioner was the non allegedly given to the petitioner and his family at the time of marriage. Learned counsel further submits that the entire set of allegations is false and incorrect. It is argued that all the dates on which the complainant alleged that she was subjected to cruelty are IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-30619-2026 (O&M) Date of Decision:- 26.05.2026 ……Petitioner ……Respondents ALOK JAIN Mr. Sandeep Arora, Advocate for the petitioner. Mr. Mandeep Singh Sachdev, Advocate with Mr. Om Malhan, Advocate for the complainant. The present petition has been filed under Section 482 of the BNSS, 2023 seeking grant of anticipatory bail to the petitioner in FIR No. 30 dated 26.04.2026, registered under Sections 316(2) and 85 of the BNS, to Sections 406 and 498-A IPC) at Police Station Learned counsel for the petitioner submits that the only reason recorded by the learned trial Court for declining the concession of the non-recovery of the articles allegedly given to the petitioner and his family at the time of marriage. Learned counsel further submits that the entire set of allegations is false and incorrect. It is argued that all the dates on which the complainant has alleged that she was subjected to cruelty are concocted, and to substantiate 26.05.2026 ……Petitioner ……Respondents The present petition has been filed under Section 482 of the BNSS, 2023 seeking grant of anticipatory bail to the petitioner in FIR No. 30 dated 26.04.2026, registered under Sections 316(2) and 85 of the BNS, A IPC) at Police Station Learned counsel for the petitioner submits that the only reason recorded by the learned trial Court for declining the concession of recovery of the articles allegedly given to the petitioner and his family at the time of marriage. Learned counsel further submits that the entire set of allegations is false and has to substantiate MANJU 2026.05.29 10:58 I attest to the accuracy and integrity of this document CRM-M-30619 the same, reliance is placed upon Annexure P photographs of the relevant dates wherein the petitioner and the complainant are seen sharing happy momen 3. lodged only on account of the deteriorating medical condition of the complainant, who suffered abortion on two occasions, following which vague allegations have been levelled ag contended that a Medical Board was constituted, which categorically observed that the abortions could not be attributed solely to trauma, as other possible causes of abortion could not be ruled out. Therefore, according learned counsel, there is no evidence to suggest that the abortions were caused due to any act or conduct of the petitioner. 4. complainant did not suffer any physical injury and there is no m evidence corroborating Furthermore, no specific penal provisions have been invoked regarding the allegations of unnatural physical violation. Learned counsel submits that the parties were married on 23.09 throughout, and that no complaint whatsoever had ever been made earlier point in time. 5. for the complainant, has vehemently opposed the grant of ant to the petitioner. It is submitted that on both occasions when the complainant was pregnant, the acts and conduct of the petitioner caused -2- 30619-2026 (O&M) , reliance is placed upon Annexure P photographs of the relevant dates wherein the petitioner and the complainant are seen sharing happy momen Learned counsel further submits that the present FIR has been lodged only on account of the deteriorating medical condition of the complainant, who suffered abortion on two occasions, following which vague allegations have been levelled against the petitioner. It is further contended that a Medical Board was constituted, which categorically observed that the abortions could not be attributed solely to trauma, as other possible causes of abortion could not be ruled out. Therefore, according learned counsel, there is no evidence to suggest that the abortions were caused due to any act or conduct of the petitioner. Learned counsel for the petitioner further complainant did not suffer any physical injury and there is no m corroborating the allegations levelled by Furthermore, no specific penal provisions have been invoked regarding the allegations of unnatural physical violation. Learned counsel submits that the parties were married on 23.09.2023 and had a happy married life throughout, and that no complaint whatsoever had ever been made earlier point in time. Per contra, learned State counsel, assisted by learned counsel for the complainant, has vehemently opposed the grant of ant to the petitioner. It is submitted that on both occasions when the complainant was pregnant, the acts and conduct of the petitioner caused , reliance is placed upon Annexure P-2, comprising of certain photographs of the relevant dates wherein the petitioner and the complainant are seen sharing happy moments together. Learned counsel further submits that the present FIR has been lodged only on account of the deteriorating medical condition of the complainant, who suffered abortion on two occasions, following which ainst the petitioner. It is further contended that a Medical Board was constituted, which categorically observed that the abortions could not be attributed solely to trauma, as other possible causes of abortion could not be ruled out. Therefore, according to learned counsel, there is no evidence to suggest that the abortions were caused due to any act or conduct of the petitioner. Learned counsel for the petitioner further argued that the complainant did not suffer any physical injury and there is no medical the allegations levelled by the complainant. Furthermore, no specific penal provisions have been invoked regarding the allegations of unnatural physical violation. Learned counsel submits that .2023 and had a happy married life throughout, and that no complaint whatsoever had ever been made at any , learned State counsel, assisted by learned counsel for the complainant, has vehemently opposed the grant of anticipatory bail to the petitioner. It is submitted that on both occasions when the complainant was pregnant, the acts and conduct of the petitioner caused certain photographs of the relevant dates wherein the petitioner and the Learned counsel further submits that the present FIR has been lodged only on account of the deteriorating medical condition of the complainant, who suffered abortion on two occasions, following which ainst the petitioner. It is further contended that a Medical Board was constituted, which categorically observed that the abortions could not be attributed solely to trauma, as other to learned counsel, there is no evidence to suggest that the abortions were argued that the edical . Furthermore, no specific penal provisions have been invoked regarding the allegations of unnatural physical violation. Learned counsel submits that .2023 and had a happy married life at any , learned State counsel, assisted by learned counsel icipatory bail to the petitioner. It is submitted that on both occasions when the complainant was pregnant, the acts and conduct of the petitioner caused MANJU 2026.05.29 10:58 I attest to the accuracy and integrity of this document CRM-M-30619 immense trauma, harassment, and mental cruelty, which ultimately led to the abortions. It is further a she was deliberately not taken to the hospital for nearly 16 are specific the drug intake by with other women. 6. petitioner was duly served with notices under Sections 35(3) (Section 41 from the inquiry report. Despite being afforded adequate opportunity, the petitioner failed to return the articles/ that non-recovery of the learned trial Co and physical harassment of the complainant are also grave in nature. 7. 8. petitioner and occasions, the matter requires thorough investigation. 9. relationship, when the wife is an expecting mother, it becomes the duty of the husband to extend utmost care, protection, and emotional support not only to the wife but also to the unborn child. be a serious dispute on the said issue. At the same time, it cannot be ruled out that the questions as to -3- 30619-2026 (O&M) immense trauma, harassment, and mental cruelty, which ultimately led to the abortions. It is further alleged that when the complainant was unwell, she was deliberately not taken to the hospital for nearly 16 allegations of not only of physical abuse but also the drug intake by the petitioner and maintaining adulterous relationships with other women. In addition to the above, learned State counsel submits that the petitioner was duly served with notices under Sections 35(3) 41-A Cr.P.C) and had joined the investigation, which is from the inquiry report. Despite being afforded adequate opportunity, the petitioner failed to return the articles/istridhan recovery of istridhan is not the sole ground for denial of bail by the learned trial Court; rather, the allegations pertaining to mental cruelty and physical harassment of the complainant are also grave in nature. Heard learned counsel for the parties at length. Considering the serious allegations levelled against the petitioner and the fact that the complainant lost her pregnancy on two occasions, the matter requires thorough investigation. It is apposite to observe here that within a matrimonial relationship, when the wife is an expecting mother, it becomes the duty of nd to extend utmost care, protection, and emotional support not only to the wife but also to the unborn child. be a serious dispute on the said issue. At the same time, it cannot be ruled that the questions as to whether the petitioner was consuming drugs or immense trauma, harassment, and mental cruelty, which ultimately led to lleged that when the complainant was unwell, she was deliberately not taken to the hospital for nearly 16–17 days. There not only of physical abuse but also with regard to intaining adulterous relationships In addition to the above, learned State counsel submits that the petitioner was duly served with notices under Sections 35(3) of BNSS and had joined the investigation, which is evident from the inquiry report. Despite being afforded adequate opportunity, the istridhan. However, it is emphasized is not the sole ground for denial of bail by urt; rather, the allegations pertaining to mental cruelty and physical harassment of the complainant are also grave in nature. Heard learned counsel for the parties at length. Considering the serious allegations levelled against the the fact that the complainant lost her pregnancy on two occasions, the matter requires thorough investigation. It is apposite to observe here that within a matrimonial relationship, when the wife is an expecting mother, it becomes the duty of nd to extend utmost care, protection, and emotional support not only to the wife but also to the unborn child. Prima facie, there appears to be a serious dispute on the said issue. At the same time, it cannot be ruled he petitioner was consuming drugs or immense trauma, harassment, and mental cruelty, which ultimately led to lleged that when the complainant was unwell, 17 days. There with regard to intaining adulterous relationships In addition to the above, learned State counsel submits that the of BNSS evident from the inquiry report. Despite being afforded adequate opportunity, the . However, it is emphasized is not the sole ground for denial of bail by urt; rather, the allegations pertaining to mental cruelty Considering the serious allegations levelled against the the fact that the complainant lost her pregnancy on two It is apposite to observe here that within a matrimonial relationship, when the wife is an expecting mother, it becomes the duty of nd to extend utmost care, protection, and emotional support not , there appears to be a serious dispute on the said issue. At the same time, it cannot be ruled he petitioner was consuming drugs or MANJU 2026.05.29 10:58 I attest to the accuracy and integrity of this document CRM-M-30619 whether the complainant was also involved in the same, which may have contributed to the medical complications suffered by require thorough investigation, for which the custodial interrogation of t petitioner would be of immense importance. 10. Hon’ble Supreme Court of India in case of 7SCC 187, the relevant extract is reproduced as under: -4- 30619-2026 (O&M) whether the complainant was also involved in the same, which may have contributed to the medical complications suffered by thorough investigation, for which the custodial interrogation of t petitioner would be of immense importance. Moreover, it is the settled principle of law as held by the Hon’ble Supreme Court of India in case of , the relevant extract is reproduced as under: “We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation orientated than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this effective interrogation of suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would knows that he is well protected and insulated by a pre arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods n countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible Police Officers would conduct themselves in a responsible manner and that those entrusted with the task of disint themselves as offenders. whether the complainant was also involved in the same, which may have contributed to the medical complications suffered by her, are issues which thorough investigation, for which the custodial interrogation of the petitioner would be of immense importance. the settled principle of law as held by the Hon’ble Supreme Court of India in case of CBI vs. Anil Sharma,(1997) , the relevant extract is reproduced as under: the submission of the CBI that custodial interrogation is qualitatively more elicitation orientated than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this effective interrogation of cted person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre- rest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible Police Officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring would not conduct themselves as offenders. whether the complainant was also involved in the same, which may have her, are issues which he the settled principle of law as held by the CBI vs. Anil Sharma,(1997) the submission of the CBI that custodial interrogation is qualitatively more elicitation orientated than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this effective interrogation of cted person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in elude if the suspected person - rest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person eed not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible Police Officers would conduct themselves in a responsible manner and that those erring would not conduct MANJU 2026.05.29 10:58 I attest to the accuracy and integrity of this document CRM-M-30619 11. the custodial interrogation of the petitioner would be of grave importance, at this stage, to ensure that the investigation in this end. 12. grant the extra ordinary concession of anticipatory bail to the petitioner, hence, the same is dismissed. 13. May 26, 2026 manju Whether speaking/reasoned: Whether Reportable: -5- 30619-2026 (O&M) In light of the facts, circumstances and settled principle of law, the custodial interrogation of the petitioner would be of grave importance, at this stage, to ensure that the investigation in this Accordingly, the Court does not find any reasonable ground to grant the extra ordinary concession of anticipatory bail to the petitioner, hence, the same is dismissed. Pending application(s), if any, stands May 26, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No In light of the facts, circumstances and settled principle of law, the custodial interrogation of the petitioner would be of grave importance, at this stage, to ensure that the investigation in this case comes to its logical Accordingly, the Court does not find any reasonable ground to grant the extra ordinary concession of anticipatory bail to the petitioner, Pending application(s), if any, stands disposed of. (ALOK JAIN) JUDGE In light of the facts, circumstances and settled principle of law, the custodial interrogation of the petitioner would be of grave importance, Accordingly, the Court does not find any reasonable ground to grant the extra ordinary concession of anticipatory bail to the petitioner, MANJU 2026.05.29 10:58 I attest to the accuracy and integrity of this document