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2026 Supreme(SC) 551

SUPREME COURT OF INDIA
B.V. NAGARATHNA, UJJAL BHUYAN, JJ.
Sanjay – Appellant
Versus
The State Of Haryana – Respondent
Criminal Appeal No. of 2026 (@ Special Leave Petition (Crl.) No. 6649 of 2026)
Decided On : 18-05-2026

Advocates appeared:
For the Petitioner(s): Mr. Balbir Singh, Sr. Adv. Mr. Veer Singh, Adv. Mr. Deepak Bajaj, Adv. Mr. Naman Tandon, Adv. Ms. Shivali Shah, Adv. Ms. Nikita Bhardwaj, Adv. Mr. Shyam Gopal, AOR
For the Respondent(s): Mr. Alok Sangwan, Sr. A.A.G. Mr. Samar Vijay Singh, AOR Mr. Sumit Kumar Sharma, Adv. Mr. Rajat Sangwan, Adv. Mr. Vaibhav Yadav, Adv. Mr. Harsh Mehla, Adv. Mr. Rohit Beniwal, Adv. Mr. Ramendra Nath Makhal, Adv. Ms. Sabarni Som, Adv.

Anticipatory bail is permissible when an individual is not implicated in final investigative reports and maintains active cooperation with authorities, especially when parity with co-accused is established, provided strict conditions regarding evidence integrity and investigative support are met.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail - Principles for grant - Where the individual is not named in the final investigative report and co-accused have been granted bail, the request for anticipatory bail is warranted subject to complete cooperation with the investigative process. (Paras 3, 7, 9)

(B) Anticipatory Bail - Conditions - Liberty granted is subject to strict adherence to investigation requirements, furnishing of security, and mandates against tampering with evidence or witness influence - Infraction of conditions may lead to cancellation of relief. (Paras 10-13)

Facts of the case:
The appellant sought anticipatory bail following the rejection of an application by the lower court concerning allegations under various criminal provisions. The appellant contended that his name was omitted from the final investigative documentation and sought parity with co-accused who were already enlarged on bail. Previous interim protective orders were issued contingent upon the appellant's cooperation, which has been maintained.

Findings of Court:
The court determined the appellant was entitled to the requested relief, noting that the investigative status and parity with co-accused favored the grant of anticipatory bail. The court directed that in the event of arrest, the appellant be released on bail with specific financial security and surety conditions.

Issues: Whether an individual not mentioned in the final investigative record is entitled to anticipatory bail, and whether consistency with the treatment of co-accused justifies such an order.

Ratio Decidendi: Anticipatory bail is appropriately exercised when the absence of direct implication in final investigative findings and the active cooperation of the individual support a balance between the necessity of investigation and the preservation of personal liberty, provided stringent protective conditions are imposed.

Result: Appeal allowed.

Table of Content
1. procedural context for seeking anticipatory bail under bnss. (Para 1 , 2 , 3 , 4 , 5)
2. summary of rival contentions concerning the merits of bail. (Para 6 , 7 , 8)
3. granting anticipatory bail subject to mandatory investigation cooperation. (Para 9 , 10 , 11 , 12 , 13 , 14)

ORDER

Leave granted.

2. This appeal challenges the order dated 27.03.2026 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M-13429 of 2026.

3. Apprehending arrest in connection with FIR No.211/2025 registered at Police Station – HTM Hisar, District – Hisar for the offence punishable under Sections 109(1), 115, 117(2), 190, 191(2), 333 of the Bharatiya Nyaya Sanhita, 2023, the appellant preferred an application before the High Court seeking anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short).

4. Said application for anticipatory bail has been rejected by the High Court vide the impugned order dated 27.03.2026. Hence, the instant appeal has been preferred.

5. By order dated 20.04.2026, this Court issued notice to the respondent and directed that no coercive steps shall be taken as against the appellant.

6. We have heard learned senior counsel for the appellant and learned counsel appearing for the respondent/State and perused the material on record.

7. Learned senior counsel for the appellant submitted that the other co-accused have been granted regular bail but the reason as to why the appellant is seeking anticipatory bail is owing to the fact that the appellant’s name is not mentioned in the final report. He further submitted that this Court by order dated 20.04.2026 has granted interim protection to the appellant subject to the appellant cooperating with the investigation. The appellant has in fact cooperated with the investigation. Even the respondent/State may not be intending to arrest him. In the circumstances, interim order granted by this Court may be made absolute and the relief of anticipatory bail may be granted to the appellant herein by setting aside the impugned order.

8. Per contra, learned counsel for the respondent/State submitted that having regard to the facts and circumstances of this case, appropriate orders may be made.

9. Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 482 BNSS.

10. We, therefore, allow this appeal and set-aside the order passed by the High Court. We direct that in the event of arrest of the a5ppellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security of the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties.

11. It is directed that the appellant shall extend complete cooperation in the ensuing investigation.

12. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.

13. Any infraction of the conditions may entail in cancellation of anticipatory bail granted to the appellant.

14. With the aforesaid directions, the criminal appeal is allowed.

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