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High Court of Punjab and Haryana · body

2026 DAILYLAW 38874 (PNJ)

GAURAV KUMAR v. STATE OF HARYANA AND ANOTHER

CRA-S/1870/2026 · 2026-09-10

H S Grewal

body2026

Judgment text

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CRA-S-1870-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA 203 AT CHANDIGARH CRA-S-1870-2026 Date of decision: 10.09.2026 GAURAV KUMAR ….APPELLANT VERSUS STATE OF HARYANA AND ANR ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr. Sumit Sangwan, Advocate for the appellant. Mr. Vishal Kashyap, Sr. DAG, Haryana. Mr. Sahil Mehra, Advocate for respondent No.2. **** H.S.GREWAL,J. (ORAL) 1. Present appeal has been filed for assailing the order dated 20.05.2026 passed by learned Additional Sessions Judge, Ambala, whereby, the application seeking anticipatory bail to the appellant has been dismissed, in case bearing FIR No.0010 dated 20.01.2026 (Annexure P-1) under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the SC/ST Act’) and Sections 190, 191(2), 196(1), 324(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) registered at Police Station Saha, District Ambala. 2. This Court, vide order dated 13.08.2026, had directed the appellant to appear before the SHO/Investigating Officer and join investigation and in the event of his arrest, he was ordered to be released on interim bail to the satisfaction of the SHO/Investigating Officer, subject to the conditions envisaged under Section 482(2) of the BNSS (erstwhile Section 438(2) Cr.P.C.). RENU RAWAT 2026.09.11 14.02 I attest to the accuracy and integrity of this document Chandigarh CRA-S-1870-2026 2 3. Learned counsel for the appellant submits that in compliance of the order dated 13.08.2026, passed by this Court, the appellant has joined and cooperated with the investigation. 4. Learned State counsel states that the appellant has joined the investigation and is not required for further custodial interrogation. 5. Learned counsel for the complainant has vehemently opposed the prayer made by ld. counsel for the appellant. 6. In view of the statement made by learned State counsel, the appeal is allowed and the interim order dated 13.08.2026 is made absolute. The appellant shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 7. However, it is clarified that the investigating authority on addition of an offence or offences may not proceed to arrest the accused/appellant, but for arresting the accused/appellant on such addition of offence or offences it needs to obtain an order to arrest the accused/appellants from the Court which had granted the bail in view of the judgment passed by the Hon’ble Supreme Court in Sumit Vs State of U.P. and Another, Criminal Appeal No. 830 of 2026, decided on 09.02.2026. 8. Pending application(s), if any, shall also stand disposed of. 10.09.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No RENU RAWAT 2026.09.11 14.02 I attest to the accuracy and integrity of this document Chandigarh