IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
205 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH Date of Decision: 25.03.2026 HEMANT ALIAS HEMANT SONI ALIAS BHANU …Petitioner V/S STATE OF HARYANA AND ANOTHER …Respondents CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. G.S. Sidhu, Advocate for Mr. Karandeep Singh, Advocate for the petitioner.
Ms. Kanica Sachdeva, DAG Haryana.
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SHALINI SINGH NAGPAL J. (Oral)
1. Petitioner seeks anticipatory bail in case arising out of FIR No. 333, dated 02.12.2025 under Sections 96, 137 Bharatiya Nyaya Sanhita, 2023, Police Station Adampur, District Hisar. This is the first petition for anticipatory bail.
2. On 28.01.2026, following order was passed:
“Petitioner seeks anticipatory bail in case arising out of FIR No. 333, dated 02.12.2025 under Sections 96, 137 Bharatiya Nyaya Sanhita, 2023, Police Station Adampur, District Hisar. This is the first petition for anticipatory bail.
Learned counsel for the petitioner submits that the FIR was registered against the petitioner on the allegations that he had enticed away the minor girl on the pretext of marriage. He further submits that at the time when the prosecutrix left home, her age was 17 years and 11 months. After she attained the age of 18, she had solemnized marriage with the petitioner. In this context, he referred to copy of marriage certificate (Annexure P-3). He further submits that a petition bearing No. CRWP-337-2026 was also filed by the prosecutrix and the petitioner, pursuant to which they were granted protection. Further, the petitioner as well as prosecutrix, who were present in the Court, were ready and willing to join investigation.
Notice of motion.
Mr. Vikas Bhardwaj, AAG Haryana, who is present in the Court accepts notice on behalf of respondent-
State and seeks some time to file the status report.
Status report in the matter be filed on
23.02.2026.
In the meantime, in the event of arrest, the petitioner shall be released on interim anticipatory bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. Petitioner shall join investigation as and when called upon to do so and shall abide by the conditions as envisaged under Section
482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.”
3. Vide order dated 28.01.2026 passed by this Court, petitioner was granted interim bail and was directed to join investigation.
4. Learned State counsel on instructions from ASI Sunita submits that petitioner has joined investigation. She opposes the prayer for anticipatory bail on the ground that petitioner did not get recovery of car effected and even co-accused were yet to be arrested.
5. Petitioner has joined investigation pursuant to order of this Court dated 28.01.2026. Anticipatory bail cannot be denied for the reason that recovery has not been effected or co-accused are yet to be arrested. In the facts and circumstances of the case, but without commenting on merits, the petition is allowed and order dated dated 28.01.2026, granting interim bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023.
6. Pending CRM(s), if any, are also disposed of accordingly.
(SHALINI SINGH NAGPAL)
25.03.2026 JUDGE
Ajay Goswami
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