Yogesh Kumar Sharma v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 05.06.2026 YOGESH KUMAR SHARMA .....PETITIONER(S)

VERSUS

STATE OF PUNJAB ...RESPONDENT(S)

CORAM:

HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Vaibhav Narang, Advocate Mr. Saurabh Pal, Advocate for the petitioner(s) Mr. Rajiv Verma, Addl. A.G, Punjab.

Mr. Manas Bhatia, Advocate for the complainant. *** SANDEEP MOUDGIL, J (ORAL) 1.

Prayer The jurisdiction of this Court has been invoked under Section 482 BNSS, 2023 (438 Cr.P.C.) for grant of anticipatory bail to the petitioner in FIR No. 259 dated 17.12.2025, registered under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 306 of the Indian Penal Code, 1860), at Police Station Chheharta, District Amritsar.

Contention On behalf of the petitioner Learned counsel for the petitioner submits that the parties have entered into a compromise and have executed an agreement to that effect, asserting that the

registration of the instant FIR was a result of misunderstanding and was unwarranted. It is further submitted that the complainant happens to be the real sister of the deceased and has no objection to the grant of concession of bail to the petitioner. Learned counsel also points out that the co-accused, namely the father of the present petitioner, has already been granted the concession of bail. Prima facie, from the allegations contained in the FIR, the ingredients of Section 108 of the Bharatiya Nyaya Sanhita do not appear to be made out, particularly in the absence of any instigation or proximate act having a close nexus with the commission of suicide by the deceased.

Notice of motion.

On behalf of the State/complainant On the asking of the Court, Mr. Rajiv Verma, learned Additional Advocate General, Punjab, accepts notice on behalf of the respondent-State. Learned State counsel, upon instructions, submits that in view of the compromise arrived at between the parties, he is not in a position to oppose the prayer for grant of anticipatory bail to the petitioner.

Learned counsel appearing for the complainant also submits that the matter has been amicably settled between the parties and he has no objection if the concession of anticipatory bail is extended to the petitioner. 3.

Analysis Be that as it may, without commenting upon the merits of the case, and keeping in view the fact that the matter has been amicably settled between the parties and learned counsel for the complainant and learned State Counsel has no objection if the concession of anticipatory bail is extended to the petitioner, this Court is of the considered view that there is no valid or cogent reason to deny the bail to the present petitioner, wherein he has bona fide intentions and is ready and

willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time. 4.

Relief:- Hence, the petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within a period of 10 days from today, on furnishing of personal/surety bonds to the satisfaction of Arresting Officer/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, which are reproduced below:- 'When the High Court or the Court of Session makes a direction under subsection (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.' However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within a period of ten days, the order passed by this Court today shall automatically stands cancelled. In the aforesaid terms, the present petition stands allowed. (SANDEEP MOUDGIL) 05.06.2026 JUDGE anuradha Whether speaking/reasoned :Yes/No Whether reportable :Yes/No