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2023 DAILYLAW 5695 (PNJ)

ANSHUL THAKUR v. STATE OF PUNJAB

CRM-M/33764/2026 · 2026-07-08

Manisha Batra

body2023

Judgment text

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CRM-M-33764 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (210 ) ANSHUL THAKUR STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Chirag Suri, Ms. Sakshi Bakshi, AAG, Punjab MANISHA BATRA, J. (ORAL) 1. Through the instant petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks anticipatory bail in case FIR No. registered under Sections 316(2) and 318(4) of 2023 (for short “BNS”) (Mohali). 2. Vide order dated petitioner was released on interim bail and was directed to join investigation. 33764-2026 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : 08.07.2026 ANSHUL THAKUR Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Chirag Suri, Advocate for the petitioner Ms. Sakshi Bakshi, AAG, Punjab **** MANISHA BATRA, J. (ORAL) Through the instant petition under Section 482 of the Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks anticipatory bail in case FIR No. registered under Sections 316(2) and 318(4) of 2023 (for short “BNS”) at Police Station Sadar Kharar, Di Vide order dated 15.06.2026 passed by this Court, the petitioner was released on interim bail and was directed to join (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CRM-M-33764-2026 (O&M) Date of decision : 08.07.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Advocate for the petitioner Through the instant petition under Section 482 of the Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks anticipatory bail in case FIR No.130 dated 07.04.2026 registered under Sections 316(2) and 318(4) of Bharatiya Nyaya Sanhita, at Police Station Sadar Kharar, District SAS Nagar 2026 passed by this Court, the petitioner was released on interim bail and was directed to join AMIT SHARMA 2026.07.09 09:59 I attest to the accuracy and integrity of this order/judgment. CRM-M-33764 3. Learned State counsel filed status report dated submits that in pursuance of the directions given by this Court on 15.06.2026, the petitioner has handed over a demand draft for a sum of Rs.3 lakhs in favour of the complainant to the Investigating Officer of the case and has also joined i learned State counsel that his custodial interrogation is required as nonetheless Rs.6,58,000/ not given the same. 4. In investigation and g petitioner and the circumstances peculiar to this case, this Court is of the considered opinion that simply because a total amount of Rs.6,58,000/ claimed by the complainant has not been deposited by the petitioner, he cannot be denied benefit of bail and his pre required. The well settled proposition of law is that pre shall not be the replica of post commenting on merits of case, it is observed that a case for release of petitioner on anticipatory bail is made out. Accordingly, the petition is allowed and the order made absolute, subject to compliance of conditions laid down in Section 482(2) of BNSS. 33764-2026 (O&M) (2) Learned State counsel filed status report dated submits that in pursuance of the directions given by this Court on 15.06.2026, the petitioner has handed over a demand draft for a sum of Rs.3 lakhs in favour of the complainant to the Investigating Officer of the case and has also joined investigation on 25.06.2026. It is argued by learned State counsel that his custodial interrogation is required as nonetheless Rs.6,58,000/- is to be recovered from the petitioner and he has not given the same. view of the fact that the petitione investigation and given the nature of allegations as levelled against the petitioner and the circumstances peculiar to this case, this Court is of the considered opinion that simply because a total amount of Rs.6,58,000/ d by the complainant has not been deposited by the petitioner, he cannot be denied benefit of bail and his pre required. The well settled proposition of law is that pre shall not be the replica of post-conviction sentencing. commenting on merits of case, it is observed that a case for release of petitioner on anticipatory bail is made out. Accordingly, the petition is allowed and the order 15.06.2026 granting interim bail to the petitioner is made absolute, subject to compliance of conditions laid down in Section 482(2) of BNSS. The Investigating Officer of the case is present in the (2) Learned State counsel filed status report dated 07.07.2026 and submits that in pursuance of the directions given by this Court on 15.06.2026, the petitioner has handed over a demand draft for a sum of Rs.3 lakhs in favour of the complainant to the Investigating Officer of the nvestigation on 25.06.2026. It is argued by learned State counsel that his custodial interrogation is required as is to be recovered from the petitioner and he has view of the fact that the petitioner has already joined the iven the nature of allegations as levelled against the petitioner and the circumstances peculiar to this case, this Court is of the considered opinion that simply because a total amount of Rs.6,58,000/- as d by the complainant has not been deposited by the petitioner, he cannot be denied benefit of bail and his pre-trial incarceration is not required. The well settled proposition of law is that pre-trial incarceration tion sentencing. As such, without commenting on merits of case, it is observed that a case for release of petitioner on anticipatory bail is made out. Accordingly, the petition is granting interim bail to the petitioner is made absolute, subject to compliance of conditions laid down in Section The Investigating Officer of the case is present in the AMIT SHARMA 2026.07.09 09:59 I attest to the accuracy and integrity of this order/judgment. CRM-M-33764 Court and he is directed to hand over the demand draft of Rs.3 lakh forthwith to the complainant. 5. Since the main petition application, if any, is rendered infructuous. 08.07.2026 Amit Sharma 33764-2026 (O&M) (3) Court and he is directed to hand over the demand draft of Rs.3 lakh to the complainant. Since the main petition has been disposed of, application, if any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No (3) Court and he is directed to hand over the demand draft of Rs.3 lakh has been disposed of, pending (MANISHA BATRA) JUDGE Yes/No AMIT SHARMA 2026.07.09 09:59 I attest to the accuracy and integrity of this order/judgment.