Ajay Kumar Alias Kashi v. State Of Punjab
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(1)
IN THE H
HIGH COURT OF PUNJAB A AND HARYANA AT CHANDIGARH CR (207 ) RM-M-24953-2026 (O&M) ate of decision : 03.07.2026 AJAY KUMA AR ALIAS KASHI ... Petitioner
Versus
STATE OF PU UNJAB
...Respondent
CORAM: HO
Present:
Mr Ms ON'BLE MRS. JUSTICE MAN NISHA BATRA r. Akashdeep Miglani, Advocate e for the petitioner s. Sakshi Bakshi, AAG, Punjab **** MANISHA BA ATRA, J. (ORAL) 1.
Th hrough the instant petition u under Section 482 of the Bharatiya Nag garik Suraksha Sanhita, 2023 (for short 'BNSS'), the petitioner seek ks anticipatory bail in case FIR R No.59 dated 04.03.2026 registered unde er Sections 333, 115(2), 118(1), 117(2), 324(4), 191(3) and 190 of Bharatiy ya Nyaya Sanhita, 2023 (for sho ort "BNS") at Police Station Division No.6, Ludhiana.
2.
Vi de order dated 04.05.2026 p passed by this Court, the petitioner was released on interim bail a and was directed to join investigation.
3.
Le earned State counsel filed status report dated 02.07.2026 and on instructions states that the petitioner has join ned the investigation on
(2) 15.05.2026. H owever, custodial interrogation of the petitioner is required to ascertain the e role played by each member of f the unlawful assembly and the manner in which the assault was executed d in furtherance of common object of the ac ccused persons. It is further ar rgued that the petitioner has not cooperated d with the investigation. It is, , therefore, argued that the petition does no ot deserve to be allowed.
4.
Ho owever, with regard to the conte ention that the petitioner has not cooperated with the investigation, it may be stated that the behavior attributed to th he petitioner cannot be conside ered as an instance of noncooperation, jus stifying denial for grant of pre a arrest bail, since, an accused, while joining i investigation, is not expected to make self incriminating statement under r the threat that the State may see ek withdrawal of the interim protection gran nted to him. Given the nature of the allegations, the pre trial incarceration o of the petitioner is not req quired. As such, without commenting on n the merits of the case and in th he circumstances peculiar to this case, the petitioner makes a case for release on pre arrest bail.
Accordingly, t he petition is allowed and th he order dated 04.05.2026 granting interim m bail to the petitioner is ma ade absolute subject to the compliance of the conditions laid down in S Section 482(2) of Bharatiya Nagarik Suraks sha Sanhita (BNSS), 2023.
(3) 5.
It is, however, clarified that t the observations made hereinabove sh hall not be construed as an exp xpression of opinion on the ase.
merits of the ca 6.
Sin nce the main petition has b been disposed of, pending application, if a any, is rendered infructuous.
(M MANISHA BATRA) JUDGE Yes/No 03.07.2026 Amit Sharma Whether speaking/reasoned:- Y Whether reportable:- Yes/No