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High Court of Punjab and Haryana · body

2023 DAILYLAW 5893 (PNJ)

REAZ GUPTA v. STATE OF PUNJAB

CRM-M/25561/2026 · 2026-07-14

Manisha Batra

body2023

Judgment text

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CRM-M-25561 IN THE HIGH COURT OF PUNJAB AND HARYANA AT ( 206) REAZ GUPTA STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Mr. Nikhil Ghai, Advocate and Mr. Joban Singh Dhaliwal, 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 125, 326 and 249 of 2023 (for short “BNS”) and 3(5) of BNS added later on) at Police Station Dakha, District Ludhiana Rural. 2. Vide o petitioner was released on interim bail and was directed to join investigation. 25561-2026 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : 14.07.2026 REAZ GUPTA Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Bipan Ghai, Senior Advocate with Mr. Nikhil Ghai, Advocate and Mr. Joban Singh Dhaliwal, Advocate for the Ms. Sakshi Bakshi, AAG, Punjab **** MANISHA BATRA, J. (ORAL) 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 125, 326 and 249 of 2023 (for short “BNS”) and Sections 25 and 27 of Arms Act and 3(5) of BNS added later on) at Police Station Dakha, District Ludhiana Vide order dated 07.05.2026 passed by this Court, the petitioner was released on interim bail and was directed to join IN THE HIGH COURT OF PUNJAB AND HARYANA AT CRM-M-25561-2026 (O&M) Date of decision : 14.07.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Bipan Ghai, Senior Advocate with Advocate for the petitioner 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.122 dated 11.07.2025 registered under Sections 125, 326 and 249 of Bharatiya Nyaya Sanhita, and 27 of Arms Act (Section 109 and 3(5) of BNS added later on) at Police Station Dakha, District Ludhiana passed by this Court, the petitioner was released on interim bail and was directed to join AMIT SHARMA 2026.07.14 19:25 I attest to the accuracy and integrity of this order/judgment. CRM-M-25561 3. CRM-M-25561 3. Learned State counsel filed status report dated on instructions states that 10.06.2026 and custodial interrogation of the petitioner is required has not cooperated in the investigation and also ascertaining the source of weapons and ammunition from the petitio 4. As 10.06.2026. No recovery is to be affected from him. to the contention that the petitioner has investigation, it may be stated that the b cannot be considered as an instance of non for grant of pre arrest bail, since, an not expected to make self State may seek purpose of joining investigation is to make oneself available to the Investigating Agency and to respondent to lawful queries and not to divulge self-incriminating information. Given the nature of t the pre trial incarceration of the petitioner is not required. As such, without commenting on the merits of the case and in the circumstances peculiar to this case, the petitioner makes a case for release on pre arrest bail. Accordingly, th granting interim bail compliance of conditions laid down in Section 482(2) of BNSS. 25561-2026 (O&M) (2) Learned State counsel filed status report dated on instructions states that the petitioner has .2026 and custodial interrogation of the petitioner is required has not cooperated in the investigation and also ascertaining the source of weapons and ammunition from the petitio As discussed above, the petitioner has joined investigation on 10.06.2026. No recovery is to be affected from him. to the contention that the petitioner has investigation, it may be stated that the behavior cannot be considered as an instance of non-cooperation, for grant of pre arrest bail, since, an accused, while joining investigation, is not expected to make self incriminating statement under the thre State may seek withdrawal of the interim protection granted to him. The purpose of joining investigation is to make oneself available to the Investigating Agency and to respondent to lawful queries and not to incriminating information. Given the nature of t the pre trial incarceration of the petitioner is not required. As such, without commenting on the merits of the case and in the circumstances peculiar to this case, the petitioner makes a case for release on pre arrest bail. Accordingly, the petition is allowed and the order dated granting interim bail to the petitioner is made absolute, subject to compliance of conditions laid down in Section 482(2) of BNSS. Learned State counsel filed status report dated 13.07.2026 and joined the investigation on .2026 and custodial interrogation of the petitioner is required as he has not cooperated in the investigation and also for the purpose of ascertaining the source of weapons and ammunition from the petitioner. above, the petitioner has joined investigation on 10.06.2026. No recovery is to be affected from him. However, with regard not cooperated with the ehavior attributed to the petitioner cooperation, justifying denial accused, while joining investigation, is incriminating statement under the threat that the withdrawal of the interim protection granted to him. The purpose of joining investigation is to make oneself available to the Investigating Agency and to respondent to lawful queries and not to incriminating information. Given the nature of the allegations, the pre trial incarceration of the petitioner is not required. As such, without commenting on the merits of the case and in the circumstances peculiar to this case, the petitioner makes a case for release on pre arrest bail. e petition is allowed and the order dated 07.05.2026 made absolute, subject to compliance of conditions laid down in Section 482(2) of BNSS. AMIT SHARMA 2026.07.14 19:25 I attest to the accuracy and integrity of this order/judgment. CRM-M-25561 5. Since the main petition application, if any, is rendered infructuous. 14.07.2026 Amit Sharma 25561-2026 (O&M) (3) 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 has been disposed of, pending (MANISHA BATRA) JUDGE Yes/No AMIT SHARMA 2026.07.14 19:25 I attest to the accuracy and integrity of this order/judgment.