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2026 DAILYLAW 610 (SC)

Sanjay v. State Of Haryana

2026-05-18

B V Nagarathna, Ujjal Bhuyan

body2026
ORDER Leave granted. 2. This appeal challenges the order dated 27.03.2026 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M-13429 of 2026. 3. Apprehending arrest in connection with FIR No.211/2025 registered at Police Station – HTM Hisar, District – Hisar for the offence punishable under Sections 109(1), 115, 117(2), 190, 191(2), 333 of the Bharatiya Nyaya Sanhita, 2023, the appellant preferred an application before the High Court seeking anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short). 4. Said application for anticipatory bail has been rejected by the High Court vide the impugned order dated 27.03.2026. Hence, the instant appeal has been preferred. 5. By order dated 20.04.2026, this Court issued notice to the respondent and directed that no coercive steps shall be taken as against the appellant. 6. We have heard learned senior counsel for the appellant and learned counsel appearing for the respondent/State and perused the material on record. 7. Learned senior counsel for the appellant submitted that the other co-accused have been granted regular bail but the reason as to why the appellant is seeking anticipatory bail is owing to the fact that the appellant’s name is not mentioned in the final report. He further submitted that this Court by order dated 20.04.2026 has granted interim protection to the appellant subject to the appellant cooperating with the investigation. The appellant has in fact cooperated with the investigation. Even the respondent/State may not be intending to arrest him. In the circumstances, interim order granted by this Court may be made absolute and the relief of anticipatory bail may be granted to the appellant herein by setting aside the impugned order. 8. Per contra, learned counsel for the respondent/State submitted that having regard to the facts and circumstances of this case, appropriate orders may be made. 9. Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 482 BNSS. 10. We, therefore, allow this appeal and set-aside the order passed by the High Court. We direct that in the event of arrest of the a5ppellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security of the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties. 11. It is directed that the appellant shall extend complete cooperation in the ensuing investigation. 12. We direct that in the event of arrest of the a5ppellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security of the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties. 11. It is directed that the appellant shall extend complete cooperation in the ensuing investigation. 12. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record. 13. Any infraction of the conditions may entail in cancellation of anticipatory bail granted to the appellant. 14. With the aforesaid directions, the criminal appeal is allowed.