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2026 Supreme(Online)(P&H) 1240

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Rupinderjit Chahal, J
HARPREET SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
CRM-M-3246-2026



Advocates:
For the Appellants/Petitioners: Sandeep S. Majithia
For the Respondents: Aiman J. Chishti, Ravinder Singh, Sunil Chadha, Akshay Chadha

Anticipatory bail may be made absolute when the accused has joined the investigation and the investigating agency confirms that the accused is no longer required for further interrogation.

Headnote:The petitioner sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in relation to an FIR registered under Section 420 of the Indian Penal Code. The case arose from a dispute over the exchange of cars and the payment of a balance amount, where it was alleged that the petitioner failed to pay the agreed sum. The court observed that the petitioner had already joined the investigation and the state indicated that further interrogation was not required. The primary issue was whether the petitioner was entitled to the continuation of interim bail. The court reasoned that since the investigating agency confirmed the petitioner's cooperation and stated that he was no longer required for further investigation, there was no ground to deny the bail. In view of the statement made by learned State counsel, the interim order dated 21.01.2026 passed by this Court, is made absolute.

Table of Content
1. application for anticipatory bail in a cheating case involving a commercial dispute over vehicle exchange. (Para 1 , 2)
2. evaluation of the necessity of custodial interrogation based on the accused's cooperation and the state's requirements. (Para 3 , 4 , 5)
3. making interim bail absolute upon the completion of the required investigation. (Para 6)

RUPINDERJIT CHAHAL, J. (ORAL)

1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.0005 dated 03.01.2026 registered under Section 420 IPC, at Police Station Daresi, Police Commissionerate, Ludhiana.

2. On 21.01.2026, following order was passed by this Court: -

“Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.0005 dated 03.01.2026 registered under Section 420 IPC, at Police Station Daresi, Police Commissionerate, Ludhiana.”

As per allegations, the petitioner and complainant mutually agreed to exchange their cars with the balance amount to be paid by the petitioner. The petitioner had sold his Swift car to the son of the complainant and received Rs.3.70 lacs from him and after adding Rs.1.30 lacs, he paid Rs.5.00 lacs to the complainant. However, the balance was not paid and the petitioner took both the cars with him. Hence, the present FIR.

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the dispute is purely civil in nature and it was agreed between the parties that the possession of the cars would be exchanged forthwith and the petitioner would pay the remaining amount of Rs.3.45 lacs on or before 20.02.2024. the petitioner withdrew an amount of Rs.3.00 lacs from his bank account and on 26.06.2024, handed over the same to the complainant in the presence of persons namely Ashwani Kumar son of Sh. Hukam Singh and Gurmeet Singh son of Sh. Mangal Singh. To lend force to his argument, he has placed on record copy of bank statement Annexure P-2. and affidavits of Ashwani Kumar and Gurmeet Singh (Annexures P-3 and P4). As such, only an amount of Rs.45,000/- is left to be paid. He further contends that petitioner has no criminal antecedents as he is not involved in any other case. Further, the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency.

Notice of motion.

On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent-State and seeks time to file status report in the matter.

Adjourned to 05.02.2026.

In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.”

3. Learned counsel for the petitioner submits that in compliance of the order dated 21.01.2026 passed by this Court, the petitioner has joined the investigation.

4. Learned counsel for the State, on instructions from ASI Harpal Singh, has submitted that the petitioner has joined the investigation and is no longer required for further investigation.

5. Learned Senior counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the grant of bail to the petitioner.

6. In view of the statement made by learned State counsel, the interim order dated 21.01.2026 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the co

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