IN THE HIGH COURT OF PUNJAB AND HARYANA 220 ABHISHEK KUMAR ALIAS ABHISHEKH STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr for the petitioner. Ms. Sakshi Bakshi, AAG, 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 115(2), 126(2), 351(2), 191(3) and 190 of short-‘BNS’), D 2. Vide order dated 05.05.2025, 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 petitioner has joined investigation on 09.05.2025 but he did not cooperate with the Investigating Officer and did not get the weapons recovered used at the time of occurrence and therefore, it is urged that his custodial interrogati IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: ABHISHEK KUMAR ALIAS ABHISHEKH Versus STATE OF PUNJAB HON’BLE MRS. JUSTICE MANISHA Mr. Vishavjeet Singh and Ms. Divya Sharma for the petitioner. Ms. Sakshi Bakshi, AAG, 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.35 dated 115(2), 126(2), 351(2), 191(3) and 190 of Bharatiya Nyaya Sanhita, 2023 ( , District Police Haibowal, District Ludhiana. Vide order dated 05.05.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Learned State counsel, on instructions from the Investigating has submitted that the petitioner has joined investigation on 09.05.2025 but he did not cooperate with the Investigating Officer and did not get the weapons recovered used at the time of occurrence and therefore, it is urged that his custodial interrogation is required for thorough investigation. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.24202 of 2025 Date of decision: 13.05.2025 ABHISHEK KUMAR ALIAS ABHISHEKH …. Petitioner …. Respondent MANISHA BATRA Vishavjeet Singh and Ms. Divya Sharma, Advocates . Prayer in this petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory dated 03.03.2025, under Section 333, Bharatiya Nyaya Sanhita, 2023 (for District Ludhiana. Vide order dated 05.05.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Learned State counsel, on instructions from the Investigating has submitted that the petitioner has joined investigation on 09.05.2025 but he did not cooperate with the Investigating Officer and did not get the weapons recovered used at the time of occurrence and therefore, it is on is required for thorough investigation. tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory 333, for Vide order dated 05.05.2025, passed by this Court, the petitioner Learned State counsel, on instructions from the Investigating has submitted that the petitioner has joined investigation on 09.05.2025 but he did not cooperate with the Investigating Officer and did not get the weapons recovered used at the time of occurrence and therefore, it is Jyoti 2025.05.13 18:03 I attest to the accuracy and integrity of this document CRM 5. This Court cannot treat the behavior attributed to the petitioner to be instance of non accused, while joining investigation, is not expected to make self incriminating statement under the threat 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 incarcerati required. Accordingly, the present petition is allowed and the order dated 05.05.2025, granting interim bail to the petitioner, is made absolute, compliance of usual terms and conditions requisite for grant of anticip bail. 6. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case 13.05.2025 Jyoti-IV CRM-M No.24202 of 2025 This Court cannot treat the behavior attributed to the petitioner to be instance of non-cooperation, justifying denial for pre 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 incarcerati required. Accordingly, the present petition is allowed and the order dated 05.05.2025, granting interim bail to the petitioner, is made absolute, compliance of usual terms and conditions requisite for grant of anticip It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.24202 of 2025 -2- This Court cannot treat the behavior attributed to the petitioner to cooperation, justifying denial for pre-arrest bail since, an accused, while joining investigation, is not expected to make self incriminating 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 05.05.2025, granting interim bail to the petitioner, is made absolute, subject to compliance of usual terms and conditions requisite for grant of anticipatory It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANISHA BATRA) JUDGE Yes/No. Yes/No This Court cannot treat the behavior attributed to the petitioner to arrest bail since, an accused, while joining investigation, is not expected to make self incriminating 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 on of the petitioner is not required. Accordingly, the present petition is allowed and the order dated subject to atory It is, however, clarified that observations made hereinabove shall Jyoti 2025.05.13 18:03 I attest to the accuracy and integrity of this document