CRM-M-26665-2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 210 CRM-M-26665-2026 Date of decision: 15th July, 2026 Balraj @ Balraj Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Krishan Sharma Bhardwaj, Advocate for the petitioner. Ms. Sakshi Bakshi, Assistant Advocate General, 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. 60 dated 18.03.2026 registered under Sections 115(2), 117(2), 351(2), 191(3) and 190 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) (Section 304 of BNS was added later on) at Police Station City Moga, District Moga. 2. Vide order dated 12.05.2026 passed by this Court, the petitioner was released on interim bail and was directed to join investigation. 3. Learned State counsel filed status report dated 06.07.2026. The same is taken on record. She further, on instructions, states that the petitioner joined the investigation on 16.05.2026. Though, it is, submitted that he has PARVEEN SHARMA 2026.07.17 16:54 I attest to the accuracy and integrity of this document CRM-M-26665-2026 -2- not co-operated with the investigation as he has not disclosed the names of other persons involved with him in the subject offences and hence his custodial interrogation is required, it is urged that the petition does not deserve to be allowed. 4. The petitioner joined investigation on 16.05.2026. So far as the contention as raised by learned State counsel qua allegation of non-cooperation is concerned, this Court does not find any 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 he does not disclose name of co-accused, 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 12.05.2026, granting interim bail to the petitioner, is made absolute, subject to PARVEEN SHARMA 2026.07.17 16:54 I attest to the accuracy and integrity of this document CRM-M-26665-2026 -3- 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). 7. Since the main petition has already been disposed of, pending application, if any, is rendered infructuous. [MANISHA BATRA] JUDGE 15th July, 2026 Parveen Sharma 1. Whether speaking/ reasoned : Yes / No 2. Whether reportable : Yes / No PARVEEN SHARMA 2026.07.17 16:54 I attest to the accuracy and integrity of this document