Bhavneet Kailey v. State Of Punjab

CRM-M-50361-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-50361-2025 (O&M) Date of decision: 06.11.2025 BHAVNEET KAILEY ....Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Ajay Singh Pundir, Advocate for Mr. Sanjeev Kumar Banga, Advocate for the petitioner. Mr. Jasjit Singh, DAG, Punjab.

***** AMAN CHAUDHARY. J.

1.

Prayer in the present petition filed under Section 482 BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.19 dated 12.03.2025, registered under Sections 115(2), 118(1), 126(2), 351(1), 351(3), 191(3), 190 of BNS, 2023, at Police Station Behram, District SBS Nagar (Annexure P-1). 2.

On 09.09.2025, this Court had passed the following order:- "Learned counsel submits that the petitioner was granted interim anticipatory bail by the Court of Sessions, however, due to communication gap, he was unable to join investigation. As per the allegations, he has been attributed simple injury and there is a delay of 18 days in lodging of the FIR. Previously, an FIR was registered by the petitioner and other regarding another occurrence against the complainant and other co-accused. He is not involved in any other case. He is ready and willing to join the investigation as and when required by the investigating agency and will cooperate. Notice of motion.

At the asking of the Court, Mr. MS Bajwa, DAG, Punjab, accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation VISHAL VARDHAN 2025.11.06 19:14 I attest to the accuracy and integrity of this document

CRM-M-50361-2025 (O&M) -2on or before 16.09.2025. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 438(2) Cr.P.C.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 06.11.2025."

3.

Learned counsel submits that in pursuance to the order dated 09.09.2025 passed by this Court, the petitioners have not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

4.

Learned State counsel on instructions from Investigating Officer affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 5.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 09.09.2025 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr.P.C. (now 482(2) of BNSS, 2023).

6.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

(AMAN CHAUDHARY) JUDGE 06.11.2025 Vishal Vardhan Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No VISHAL VARDHAN 2025.11.06 19:14 I attest to the accuracy and integrity of this document