IN THE HIGH COURT OF PUNJAB AND HARYANA 212 YOGESH SINGH ALIAS YOGESH STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Ms. Himani Arora, A.A.G, Punjab. MANISHA BATRA 1. Prayer in this petition, filed under Section 482 of Bhar Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner in case Sections 307, 323, 325, 341, 458, 120 Sangrur, District 2. Vide order dated 04.03.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation 3. Learned State counsel, on instructions from the Investigating Officer, has submitted that the petition 07.05.2025 but he did not cooperate with the Investigating Officer and weapons used in the occurrence did not get recovered and therefore, it is urged that his custodial interrogation is required for thorough investigation. 5. This Court cannot treat the behavior attributed to the petitioner to be instance of non IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: YOGESH SINGH ALIAS YOGESH Versus STATE OF PUNJAB HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Barjinder Singh, Advocate for the petitioner. Ms. Himani Arora, A.A.G, Punjab. **** MANISHA BATRA, J. (oral) Prayer in this petition, filed under Section 482 of Bhar Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner in case FIR No. 131 dated 307, 323, 325, 341, 458, 120-B and 34 of IPC, ct Sangrur. Vide order dated 04.03.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation Learned State counsel, on instructions from the Investigating Officer, has submitted that the petitioner has joined investigation on 07.05.2025 but he did not cooperate with the Investigating Officer and weapons used in the occurrence did not get recovered and therefore, it is urged that his custodial interrogation is required for thorough investigation. This Court cannot treat the behavior attributed to the petitioner to be instance of non-cooperation, justifying denial for pre IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.11993 of 2025 Date of decision: 19.05.2025 …. Petitioner …. Respondent MANISHA BATRA , Advocate for the petitioner. Ms. Himani Arora, A.A.G, Punjab. Prayer in this petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory dated 22.06.2024, registered under B and 34 of IPC, at Police Station City Vide order dated 04.03.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation Learned State counsel, on instructions from the Investigating er has joined investigation on 07.05.2025 but he did not cooperate with the Investigating Officer and weapons used in the occurrence did not get recovered and therefore, it is urged that his custodial interrogation is required for thorough investigation. This Court cannot treat the behavior attributed to the petitioner to cooperation, justifying denial for pre-arrest bail since, an tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory , registered under City Vide order dated 04.03.2025, passed by this Court, the petitioner Learned State counsel, on instructions from the Investigating er has joined investigation on 07.05.2025 but he did not cooperate with the Investigating Officer and weapons used in the occurrence did not get recovered and therefore, it is urged This Court cannot treat the behavior attributed to the petitioner to arrest bail since, an Jyoti 2025.05.20 17:28 I attest to the accuracy and integrity of this document CRM accused, while joining investigation, is not expected to make self incriminating statement under the th protection granted to him. So far as, non recovery is concerned, that cannot be considered as ground for denial of bail to the petitioner. In the considered opinion of this Court, the pre trial incarce required. Accordingly, the present petition is allowed and the order dated 04.03.2025, granting interim bail to the petitioner, is made absolute, compliance of usual terms and conditions requisite for grant of bail. 19.05.2025 Jyoti-IV CRM-M No.11993 of 2025 accused, while joining investigation, is not expected to make self incriminating statement under the threat that the State may seek withdrawal of the interim protection granted to him. So far as, non recovery is concerned, that cannot be considered as ground for denial of bail to the petitioner. In the considered opinion of this Court, the pre trial incarceration of the petitioner is not required. Accordingly, the present petition is allowed and the order dated .2025, granting interim bail to the petitioner, is made absolute, compliance of usual terms and conditions requisite for grant of (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.11993 of 2025 -2- accused, while joining investigation, is not expected to make self incriminating reat that the State may seek withdrawal of the interim protection granted to him. So far as, non recovery is concerned, that cannot be considered as ground for denial of bail to the petitioner. In the considered ration of the petitioner is not required. Accordingly, the present petition is allowed and the order dated .2025, granting interim bail to the petitioner, is made absolute, subject to compliance of usual terms and conditions requisite for grant of anticipatory (MANISHA BATRA) JUDGE Yes/No. Yes/No accused, while joining investigation, is not expected to make self incriminating reat that the State may seek withdrawal of the interim protection granted to him. So far as, non recovery is concerned, that cannot be considered as ground for denial of bail to the petitioner. In the considered ration of the petitioner is not required. Accordingly, the present petition is allowed and the order dated subject to anticipatory Jyoti 2025.05.20 17:28 I attest to the accuracy and integrity of this document