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High Court of Punjab and Haryana · body

2026 DAILYLAW 3192 (PNJ)

GAFURA AND OTHERS v. STATE OF HARYANA

CRM-M/6122/2026 · 2026-04-27

Surya Partap Singh

body2026

Judgment text

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110 In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-6122 of 2026 (O&M) Date of Decision: 27.04.2026 Gafura and Others ... Petitioner(s) Versus State of Haryana ... Respondent(s) CORAM: Hon'ble Mr. Justice Surya Partap Singh. Present: Mr. Imran Mohammad, Advocate for the petitioner(s). Mr. Ramender Singh Chauhan, Assistant Advocate General, Haryana, for the respondent. Mr. Mrinal Kaushik, Advocate for the complainant. Surya Partap Singh, J. CRM-17401-2026 1. This is an application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the applicant/petitioners, whereby correction in the head-note and prayer clause have been sought. 2. For the reasons stated in the application, the same is hereby allowed. It is hereby ordered that in the head-note and prayer clause the offence punishable under Section 117(2) of ‘the Bharatiya Nyaya Sanhita, 2023’ be added. Now the same be read as 115, 190, 191(3), 333, 351(2), 351(3) and 117(2) of BNS. The learned counsel for the petitioners has filed the amended petition. The same be taken on record. DEEPAK KUMAR BHARDWAJ 2026.04.27 15:40 I attest to the accuracy and integrity of this document Criminal Misc. No. M-6122 of 2026 (O&M) 2 CRM-M-6122-2026 3. This petition for anticipatory bail is the first petition filed by the petitioners under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. It has been filed with regard to a case arising out of FIR No.20 dated 20.01.2026, for the commission of offence punishable underSection(s) 115, 190, 191(3), 333, 351(2) and 351(3) [Section 117(2) added later on] of BNS Police Station Naraingarh, District Ambala, Haryana. 4. Vide order dated 03.02.2026, the petitioners were admitted to interim anticipatory bail, subject to the condition of furnishing bonds to the satisfaction of arresting officer. It was also directed that the petitioners shall join the investigation. 5. Heard. 6. It has been submitted by learned counsel for the petitioners that in compliance with order dated 03.02.2026, the petitioners have already joined the investigation, and that nothing has been left to be recovered from the possession of petitioners. In view of above, the learned counsel for the petitioners have requested that the order dated 03.02.2026 be made absolute. 7. The learned State counsel, on instructions from ‘ASI Kanwaljit Singh’, has submitted that the petitioners have joined investigation, and that for further investigation of this case their custodial interrogation is not required. 8. The record has been perused carefully. 9. Keeping in view the aforesaid submissions and the fact that the petitioners have already joined the investigation, it is hereby ordered that the petitioner is entitled for anticipatory bail. Hence, the present petition is DEEPAK KUMAR BHARDWAJ 2026.04.27 15:40 I attest to the accuracy and integrity of this document Criminal Misc. No. M-6122 of 2026 (O&M) 3 hereby allowed and the order dated 03.02.2026, whereby the petitioners were accorded the benefit of interim anticipatory bail, is hereby made absolute. (Surya Partap Singh) Judge April 27, 2026 “DK” Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2026.04.27 15:40 I attest to the accuracy and integrity of this document Criminal Misc. No. M-6122 of 2026 (O&M) 4 This is an application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the applicant/petitioner, whereby correction in the head-note, prayer clause and as such in the order dated __ have been sought. Notice of application be issued. Since advance notice has already been served upon the State, Mr. _, _ Advocate General, _, accepts notice on behalf of non-applicant/respondent, and waives service. For the reasons stated in the application, the same is hereby allowed. It is hereby ordered that in the head-note, prayer clause and also in the final order dated _, the offence punishable under Section _ of the Bharatiya Nyaya Sanhita, 2023, hereinafter being referred as “BNS” is added instead of Section _ of BNS. The same be read as Sections _ of BNS. This order shall form a part of the order dated __. DEEPAK KUMAR BHARDWAJ 2026.04.27 15:40 I attest to the accuracy and integrity of this document