Bhavya Garg v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (107) Date of Decision: 24.3.2026 Bhavya Garg ......Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Ramneek Vasudeva, Advocate for the petitioner.

Mr. Brijesh Sharma, AAG, Haryana.

Mr. Sandeep Singh Majithia, Advocate for the complainant.

**** KIRTI SINGH , J. (ORAL) 1.

Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), is for grant of anticipatory bail to the petitioner, in case FIR No. 716 dated 26.12.2024, under Sections 108 and 3(5) of BNS, 2023, registered at Police Station City Ballabhgarh, District Faridabad.

2.

Vide order dated 02.4.2025, the petitioner was directed to join investigation. The said order is reproduced hereinafter:- "x x x x Learned counsel for the petitioner inter alia contends that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner and his deceased wife were in relationship and marriage between them had taken place on 29.08.2024 against the wishes of their families for which a protection petition (Annexure P-2) was filed by them on 02.09.2024 in which the deceased wife had made a statement that she

-2apprehended threat to her life from respondents No.4 to 7 therein i.e. Mahender Kumar Tripathi (father), Prashant Kumar Tripathi (brother), Birendra Kumar Dixit (maternal uncle) and Sudhir Kumar Tripathi (paternal uncle) and, therefore, she be given police protection from respondents No.4 to 7 and be kept in a safe house. It appears that family of the deceased wife consented to the marriage and the said protection petition was withdrawn by the petitioner and deceased wife on 17.09.2024. Thereafter on 09.10.2024 a panchayati divorce was also written on the pressure of the family of the deceased wife, however, the same was never acted upon and both continued to live together and the wife of the petitioner was forcibly taken by the family on 28.10.2024 and thereafter she alleged to have committed suicide on 25.12.2024.

Learned counsel for the petitioner submits that as a matter of fact, it is a case of honour killing and the petitioner has been made a scapegoat and representation dated 20.03.2025 (Annexure P-11) has been submitted by the mother of the petitioner to the Commissioner of Police, Faridkot. He further submits that there is no instigation or provocation on the part of the petitioner and no offence under Sections 108 and 3(5) of the BNS is made out. He further submits that the petitioner is not involved in any other case and is ready and willing to join the investigation.

Notice of motion.

Ms. Gaganpreet Kaur, DAG, Haryana, accepts notice on behalf of the respondent-State and seeks time to file status report. Mr. Sandeep S. Majithia, Advocate, puts in appearance on behalf of the complainant.

Adjourned to 03.07.2025.

In the meanwhile, arrest of the petitioner shall remain stayed.He shall join the investigation and co-operate with the investigating agency and shall not leave the country without prior permission of the Court."

3.

Learned State counsel on instructions from ASI Vinod, submits that in compliance of order dated 02.4.2025, the petitioner has joined the investigation on 09.6.2025 and is not required for any further investigation.

-3It is further submitted that in the present case challan was presented before the learned trial Court on 13.1.2026.

4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 02.4.2025 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) BNSS.

5.

This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause.

7.

Needless to say that nothing observed hereinabove shall be construed as an expression on the merits of the case and the learned trial Court shall decide the case on its own merits. 8.

Pending miscellaneous application(s), if any, also stands disposed of.

(KIRTI SINGH) JUDGE March 24th, 2026 Gurpreet Singh Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No