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2026 Supreme(Online)(P&H) 79578

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sumeet Goel, J
Vineet Arora – Appellant
Versus
State Of Haryana – Respondent
CRM-M-25537-2026



Advocates:
For the Appellants/Petitioners: Shubham Bhardwaj
For the Respondents: Gurmeet Singh, Shubhkarman Singh Gill

A second anticipatory bail petition is maintainable in law but requires a demonstration of a substantial change in circumstances to succeed; custodial interrogation remains essential when the accused is specifically named with grave allegations of criminal involvement.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bharitya Nyaya Sanhita, 2023 - Sections 191(3), 190, 140(3), 115, 351(3) - Anticipatory Bail - Second petition for anticipatory bail - Maintainability - Held, second bail petition is maintainable provided there is a substantial change in circumstances - Mere withdrawal of the first petition does not automatically entitle the applicant to a fresh consideration on merit without a demonstrated material change - Allegations of abduction, forced signatures at gunpoint, and assault are specific and serious - Custodial interrogation is essential for investigation and recovery - Parity cannot be claimed as an absolute right when roles are distinct. (Paras 6, 7, 8, 9)

Facts of the case:
The petitioner filed a second petition for anticipatory bail after his first petition was dismissed as withdrawn. The FIR alleges that the petitioner lured the complainant to a settlement meeting, threatened him at gunpoint, forced him to sign documents, and assaulted him, resulting in injuries and abduction.

Findings of Court:
The court found that no significant change in circumstances justified the second petition. It observed that the allegations against the petitioner were specific and corroborated by medical evidence, and that custodial interrogation was necessary to uncover the conspiracy and recover stolen property.

Issues: Whether a second anticipatory bail petition is maintainable and whether pre-arrest bail should be granted given the severity of the allegations and the lack of changed circumstances.

Ratio Decidendi: While a second anticipatory bail petition is legally permissible, it requires a significant change in circumstances to succeed. Parity is not an absolute principle, and custodial interrogation is a superior investigative tool that should not be hindered by pre-arrest protection when the role of the accused is specific and grave.

Result: Petition dismissed.

Table of Content
1. summary of facts and the procedural history of the bail application. (Para 1 , 2)
2. summary of arguments by petitioner and the state counsel regarding maintainability and merits. (Para 3 , 4)
3. court holds that second bail petitions require substantial changes in circumstances and justifies custodial interrogation. (Para 5 , 6 , 7 , 8 , 9 , 10)
4. formal operative order dismissing the bail petition. (Para 11)

SUMEET GOEL, J. (Oral)

1. The present petition is the second attempt under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR No.0019 dated 21.01.2026, registered for the offences punishable under Sections 191(3), 190, 140(3), 115, 351(3) of BNS, 2023 at Police Station Ambala City District Ambala.

The petitioner had earlier applied for grant of pre-arrest/anticipatory bail before this Court which was dismissed as withdrawn on 22.04.2026. The relevant part of said order reads as under:-

“3. Learned counsel appearing for the petitioner, after arguing for some time, seeks to withdraw the petition in hand.

4. Ordered accordingly.”

Thereafter, the present petition i.e. the second petition for grant of anticipatory/pre-arrest bail has been preferred by the petitioner on 04.05.2026.

2. As per the allegations in the FIR, complainant namely Gaurav has alleged that he was engaged in the business of stone crushing under the name and style of ‘Mahan Stone Crusher’ on 19.01.2026, the petitioner Vineet Arora had telephonically called him and asked him to come to Ambala on 20.01.2026 for the execution of a settlement agreement pertaining to their partnership dispute regarding the crusher business. It has been further alleged that on 20.01.2026 at about 5:15 PM, when the complainant reached Kalka Chowk, Ambala in his Thar vehicle along with one Sandeep Singh, the petitioner along with co-accused arrived there in multiple vehicles. As per the complainant, the petitioner and co-accused allegedly forced him to sign certain papers at gunpoint. Upon his refusal, the petitioner allegedly pointed a pistol towards the complainant and threatened to kill him. Under fear, the complainant allegedly signed the documents without reading them. Thereafter, the complainant was allegedly dragged out of the vehicle and assaulted by the accused persons with fists, kicks, sticks, swords and other weapons. It has been further alleged that the complainant and his companion namely Sandeep Singh were mercilessly beaten and thereafter the complainant was forcibly abducted in a vehicle and taken towards Punjab with the intention to kill him. During the course of the incident, the mobile phones of the complainant and his companion namely Sandeep Singh were allegedly snatched. It has been further alleged that the accused persons forcibly took the complainant to Samana, Punjab and extended threats to him as also to the lives of his family members. The complainant has further alleged that after reaching Police Station City Samana, he narrated the occurrence to the SHO, who advised him to first obtain medical treatment. Thereafter, the accused persons allegedly left him at Rajpura in an injured condition. Upon checking his vehicle later, the complainant allegedly found that his passport and cash amounting to Rs.1,68,000/- were missing. On these set of allegations, the present FIR came to be registered.

3. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question on account of previous monetary disputes between the parties. Learned counsel has further iterated that the complainant and his brother has duped the family of the petitioner of a huge amount on the pretext of arranging visas and employment for the sisters of the petitioner in the United States of America. In this regard, FIR No. 15 dated 22.01.2026 at Police Station City Samana, Dist

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