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High Court of Punjab and HaryanaCRM-M/21365/2026allowed

Karan Kumar @ Kalu v. State Of Punjab

2026-05-29Mr. Justice Sumeet Goel3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (103) Decided on: 29.05.2026 Uploaded on: 29.05.2026 Karan Kumar @ Kalu ......Petitioner(s)

Versus

State of Punjab ......Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL

Present:

Mr. Bakul Garg, Advocate for the petitioner (s) Through V.C.

Mr. Adhiraj Singh, AAG, Punjab.

***** Sumeet Goel (Oral):

1.

Apprehending his arrest in FIR No.26 dated 20.02.2026 registered for offences punishable under Sections 118(1), 126(2), 115(2), 191(3), 190, 351(3) of BNS 2023 at Police Station Phool, District Bathinda; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. 2.

On 20.04.2026, the following order was passed: "Apprehending his arrest in FIR No.26 dated 20.02.2026 registered for offences punishable under Sections 118(1), 126(2), 115(2), 191(3), 190, 351(3) of BNS 2023 at Police Station Phool, District Bathinda; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated into the FIR in question, the injury attributed to the petitioner as per the case of the prosecution for the nonce is simple in nature, the petitioner is a man with clean antecedents & is willing to join investigation and cooperate therein as per law.

P a g e | 2 Notice of motion.

On the strength of advance notice; Mr. Adhiraj Singh, AAG, Punjab has entered appearance on behalf of the respondent-State of Punjab.

Adjourned to 19.05.2026.

Be taken up in the urgent cause list.

State is at liberty to file reply.

The petitioner is directed to appear before the Investigating Officer on 24.04.2026 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023." 3.

Thereafter, on 19.05.2026, the following order was passed: "Learned State counsel has filed status report by way of an affidavit dated 18.05.2026, in the Court today, which is taken on record. Raising submissions in tandem with the said status report, learned State counsel has submitted that the petitioner has joined investigation, but is not cooperating therein.

This situation is refuted by learned counsel for the petitioner. Without delving into this aspect of the matter, the petitioner is directed to appear before the concerned Investigating Officer in the concerned Police Station at 11:00 A.M. on 22.05.2026 and join investigation and cooperate therein, in accordance with law. List on 29.05.2026.

Be taken up in the urgent cause list.

Interim order to enure till the next date of hearing." 4.

Learned State counsel (on instructions from ASI Avtar Singh) has submitted that the petitioner has joined investigation but is not cooperating, as he is not divulging the details/whereabouts of the co-accused.

5.

In the considered opinion of this Court, the same is not sufficient to decline the concession of anticipatory bail to the petitioner,

P a g e | 3 who has otherwise joined investigation and cooperated. Accordingly, keeping in view the factual milieu of the case in hand, especially the factum of the petitioner having joined investigation and his custodial interrogation is being sought for ascertaining the details/whereabouts of the co-accused, the petition is allowed and the order dated 20.04.2026 granting anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 6.

This order should not be treated as "blanket" order. It will not be read granting petitioner 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. 7.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.

8.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9.

Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) 29.05.2026 JUDGE Naveen Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No