107 In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-30758 of 2026 Date of Decision: 10.07.2026 Sameer ... Petitioner(s) Versus State of Punjab ... Respondent(s) CORAM: Hon'ble Mr. Justice Surya Partap Singh. Present: Mr. Sumeetpal Singh Sidhu, Advocate for the petitioner(s). Mr. Eklavya Darshi, Deputy Advocate General, Punjab, for the responent. Surya Partap Singh, J. 1. This petition for anticipatory bail is the first petition filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No.46 dated 04.04.2026, for the commission of offence punishable under Section(s) 115(2), 118(1), 140(2), 190, 191(3) & 351(2) of ‘the Bharatiya Nyaya Sanhita, 2023’, Police Station City Dhuri, District Sangrur, Punjab. 2. Vide order dated 03.06.2026, the petitioner was admitted to interim anticipatory bail, subject to the condition of furnishing bonds to the satisfaction of arresting officer. It was also directed that the petitioner shall join the investigation. 3. Heard. 4. It has been submitted by learned counsel for the petitioner that in compliance with order dated 03.06.2026, the petitioner has already joined DEEPAK KUMAR BHARDWAJ 2026.07.10 20:49 I attest to the accuracy and integrity of this document Criminal Misc. No. M-30758 of 2026 2 the investigation, and that nothing has been left to be recovered from the possession of petitioner. In view of above, the learned counsel for the petitioner has requested that the order dated 03.06.2026 be made absolute. 5. The learned State counsel, on the instructions of ‘ASI Ranjit Singh’, has submitted that although the petitioner has joined investigation, but during the course of investigation he did not cooperate, and that weapon of offence is yet to be recovered. 6. The record has been perused carefully. 7. In view of fact-situation of this case and the above mentioned arguments, in my opinion, following are the relevant factors which are supposed to be taken into consideration:- i) that the petitioner has already joined the investigation; ii) that as laid down by the Hon’ble Supreme Court of India in the case of ‘Vinay Kumar Gupta v. State of Madhya Pradesh’ [Criminal Appeal No.939 of 2026, decided on 16.02.2026] the petitioner cannot be forced to assist the prosecuting agency in effecting recovery of incriminating material, which may harm his own interests or may defeat his right of defence; iii) that as per law laid down by the Hon’ble Supreme Court of India in the case of ‘Sanjay Sharma v. State of Haryana’ [Criminal Appeal No.767 of 2026, decided on 09.02.2026], collection of evidence is the responsibility of the Investigating Officer, and that an accused cannot be compelled to self-incriminate himself; DEEPAK KUMAR BHARDWAJ 2026.07.10 20:49 I attest to the accuracy and integrity of this document Criminal Misc. No. M-30758 of 2026 3 iv) that there is no allegation against the petitioner that he was instrumental in the incident of kidnapping of complainant; v) that the petitioner has clean antecedents; vi) that custodial interrogation of the petitioner is not likely to produce a fruitful result; vii) that the investigation and trial are not likely to be concluded in near future; viii) that there is nothing on record to show that while on anticipatory bail, the petitioner is likely to tamper with the evidence or influence the witnesses; and ix) that there is nothing on record to show that while on anticipatory bail, the petitioner will not participate/cooperate in the investigation. Keeping in view the aforesaid submissions and the fact that the petitioner has already joined the investigation, it is hereby ordered that the petitioner is entitled to anticipatory bail. Hence, the present petition is hereby allowed and the order dated 03.06.2026, whereby the petitioner was accorded the benefit of interim anticipatory bail, is hereby made absolute. (Surya Partap Singh) Judge July 10, 2026 “DK” Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2026.07.10 20:49 I attest to the accuracy and integrity of this document