IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 206 CRM-M-42141-2025 Date of Decision: 10.09.2025 Anaro Devi ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MS. JUSTICE MANISHA BATRA **** Present: Mr. Ankur Mehta, Advocate for the petitioner. Mr. Apoorv Garg, Addl. A.G, Haryana. MANISHA BATRA , J. (ORAL) 1. The present petition has been filed by the petitioner for grant of anticipatory bail in case FIR No.175 dated 14.06.2025, registered under Sections 190, 191(3), 115(2), 110, 126, 351(2) and 61 of Bharatiya Nyaya Sanhita, 2023, at Police Station Mahesh Nagar, District Ambala. 2. Status report dated 03.09.2025 filed on behalf of the respondent- State is taken on record. Copy thereof, has been supplied to opposite counsel. 3. Vide order dated 05.08.2025 passed by this Court, the petitioner was granted interim bail and was directed to join investigation. 4. Learned State counsel, on instructions from the Investigating Officer, has submitted that the petitioner has joined investigation on 25.08.2025. Learned State counsel further submits that the weapon of offence carried by the petitioner at the time of occurrence has not been got recovered and he has not cooperated in the investigation and it is, therefore, urged by her that the custodial interrogation of the petitioner is required. 5. So far as the contention as raised by learned State counsel qua allegation of non-cooperation is concerned, this Court does not find any HARISH KUMAR 2025.09.11 19:47 I attest to the accuracy and authenticity of this order/judgment CRM-M-42141-2025 -2- compelling ground to justify custodial interrogation of the petitioner due to that reason. Since the well settled proposition of law is that once an accused joined the investigation, then only because of the reason that nothing incriminating could be discovered or no recovery was got effected from him, would not mean that there is non-cooperation on the part of the accused. Reliance in this context can be placed upon the observation as made in Santosh versus State of Maharashtra (2017) 9 SCC 714 and Jugraj Singh versus State of Punjab, SLP No.9190 of 2025. The purpose of joining investigation is to make oneself available to the investigating agency and to respond to lawful queries and not to compulsorily divulge self-incriminating information. In the instant case, the conduct of the petitioner in appearing before the Investigating Officer and responding to the investigation, satisfies the legal standard of cooperation. Keeping in view the nature of the allegations, pre-trial incarceration of the petitioner is also not required. It is also well settled that pre-trial incarceration should not be a replica of post conviction. As such, a case is made out for allowing the present petition. 6. Accordingly, the present petition is allowed and the order dated 05.08.2025, granting interim bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (analogous to Section 438(2) of the Code of Criminal Procedure). (MANISHA BATRA) JUDGE September 10, 2025 Nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No HARISH KUMAR 2025.09.11 19:47 I attest to the accuracy and authenticity of this order/judgment CRM-M-42141-2025 -3- HARISH KUMAR 2025.09.11 19:47 I attest to the accuracy and authenticity of this order/judgment