IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
203 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH Date of Decision: 09.03.2026 RAJESH KUMAR …Petitioner V/S STATE OF PUNJAB AND ANOTHER …Respondents CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Rahul Garg, Advocate for the petitioner.
Mr. Akash Yadav, AAG Punjab.
Mr. S.S. Bhinder, Advocate for respondent No. 2.
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SHALINI SINGH NAGPAL J. (Oral)
1. Petitioner seeks anticipatory bail in case arising out of FIR No.0219 dated 11.11.2025, under Sections 85, 316(2), 298 of Bharatiya Nyaya Sanhita, 2023, Police Station Sardulgarh, District Mansa, Punjab.
This is the first petition for anticipatory bail.
2. On 04.02.2026, following order was passed:
“Petitioner seeks anticipatory bail in case arising out of FIR No.0219 dated 11.11.2025, under Sections 85, 316(2), 298 of BNS, 2023, at Police Station Sardulgarh, District Mansa, Punjab. This is the first petition for anticipatory bail.
Learned counsel for the petitioner submits that the petitioner was the father-in-law of the complainant who was married with petitioner’s son on 28.08.2024. He further submits that the marriage was a love marriage and marital discord occurred for the reason that son of the petitioner was 12th pass, an Electrician by profession, whereas the girl was PhD, working as a Lecturer in the college. He further submits that during investigation, the police found the allegations of wrongful act and physical assault resulting in miscarriage, false and the FIR was registered only under Sections 85, 316(2), 298 of BNS. It is urged that petitioner had no role in the matrimonial discord between the son and the complainant and had been falsely roped in, his antecedents were clean and he was ready and willing to join investigation.
Notice of motion.
Mr. Kunwarbir Singh, AAG Punjab, who is present in the Court accepts notice on behalf of respondent- State and opposes the prayer for anticipatory bail on the ground that the dispute arose within one year of the marriage and the main allegations in the FIR were against the petitioner.
In the given facts and circumstances of the case, in the event of arrest, 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.
Status report be filed by the State on
3. Vide order dated 04.02.2026 passed by this Court, the
petitioner was granted interim bail and was directed to join investigation.
4. Learned State counsel has filed status report by way of affidavit
of Manjeet Singh, PPS, Deputy Superintendent of Police, Sub Division Sardulgarh, District Mansa on behalf of respondent/State of Punjab and on instructions from ASI Gurtej Singh submits that petitioner has joined investigation and is no longer required for custodial interrogation.
5. Mr. S.S. Bhinder, Advocate has put in appearance on behalf of complainant-respondent No. 2 and filed his memo of appearance. Same is taken on record. He seeks some time to file power of attorney and also to file a detailed reply. He further submits that investigation report regarding causing of mis-carriage of the complainant was contradictory. The specific allegation that the complainant was physically assaulted by the petitioner was found true by the Investigating Agency.
Therefore, petitioner was not entitled to anticipatory bail.
6. Petitioner has already joined investigation pursuant to order of this Court dated 04.02.2026 and his further custodial interrogation is not required. In the circumstances of the case but without commenting on merits, the petition is allowed and order dated dated 04.02.2026, 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.
7. Pending CRM(s), if any, are also disposed
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