IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 25.03.2026 MANDEEP SINGH ......Petitioner Versus STATE OF PUNJAB AND ANOTHER .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Rishu Mahajan, Advocate for the petitioner.
Ms. Aakanksha Gupta, AAG, Punjab.
Mr. Sahil Kumar, Advocate for respondent No.2.
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KIRTI SINGH , J. (ORAL)
1. Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner, in case FIR No.105 dated 26.09.2025 registered under Sections 316(2)/85 of the Bharatiya Nyaya Sanhita, 2023 at Police Station PS Women, District Police Commissionerate Jalandhar.
2. Vide order dated 07.11.2025, the petitioner was directed to join investigation. The said order is reproduced hereinafter:-
“Apprehending his arrest in case FIR No.105 dated
26.09.2025 registered under Sections 316(2)/85 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Women, Jalandhar, petitioner has filed the instant petition under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 seeking prearrest bail.
Learned counsel for the petitioner inter alia submits that the petitioner is innocent and has been falsely implicated in the present case. Present FIR is the result of the matrimonial discord between the petitioner and respondent No.2. He further submits that the allegations levelled against the petitioner in the FIR are vague and general in nature. He further submits that petitioner is ready to settle the dispute. He has placed reliance upon the judgments of the Hon’ble Supreme Court in Md. Asfak Alam v. The State of Jharkhand and another, 2023(3) R.C.R.(Criminal) 754 and Arnesh Kumar v. State of Bihar, (2014) 8 SCR 128. He further submits that co-accused of the petitioner, namely, Balwinder Singh i.e. father-in- law of respondent No.2-complainant has already been granted bail. He further submits that petitioner is not involved in any other case and is ready and willing to join the investigation.
Notice of motion.
Mr. Adhiraj Singh, AAG, Punjab, accepts notice on behalf of respondent No.1-State and seeks time to file status report.
Let notice be served upon respondent No.2, returnable on
09.02.2026.
In the meanwhile, arrest of the petitioner shall remain stayed.
He shall join the investigation and co-operate with the investigating agency and shall not leave the country without prior permission of the Court.”
3. Learned State counsel on instructions from ASI Tarsem Kaur, submits that in compliance of order dated 07.11.2025, the petitioner has joined the investigation on 18.11.2025 and is not required for any further investigation.
4. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 07.11.2025 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2)
BNSS.
5. This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.
6. Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause.
7. Pending miscellaneous application(s), if any, also stands disposed of.
(KIRTI SINGH)
JUDGE March 25, 2026
Ithlesh
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