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In the High Court of Punjab and Haryana, at Chandigarh

Criminal Misc. No. M-22179 of 2026

Date of Decision: 14.05.2026

Anupam Sharma

... Petitioner(s)

Versus

State of Punjab

... Respondent(s)

CORAM: Hon'ble Mr. Justice Surya Partap Singh.

Present: Mr. Manish Kumar Singla, Advocate

for the petitioner(s).

Mr. Eklavya Darshi, Deputy Advocate General,

Punjab, for the respondent.

Mr. Swaran Singh Tiwana, Advocate

for the complainant.

Surya Partap Singh, J.

1. This petition for anticipatory bail is the first petition filed by the

petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita,

2023’. It has been filed with regard to a case arising out of FIR No. 49 dated

02.04.2026, for the commission of offence punishable under Section(s)

318(4), 316(2), 336(2), 338, 336(3), 340(2) and 61 of ‘the Bharatiya Nyaya

Sanhita, 2023’, Police Station Mulepur, District Fatehgarh Sahib, Punjab.

2. Vide order dated 22.04.2026, the petitioner was admitted to

interim anticipatory bail, subject to the condition of furnishing bonds to the

satisfaction of arresting officer. It was also directed that the petitioner shall

join the investigation.

3. The learned State Counsel has filed reply. The same be taken on

DEEPAK KUMAR BHARDWAJ

2026.05.14 19:23

I attest to the accuracy and

integrity of this document

Criminal Misc. No. M-22179 of 2026 2

record.

4. Heard.

5. It has been submitted by learned counsel for the petitioner that

in compliance with order dated 22.04.2026, the petitioner has already joined

the investigation, and that nothing has been left to be recovered from the

possession of petitioner. In view of above, the learned counsel for the

petitioner has requested that the order dated 22.04.2026 be made absolute.

5. The learned State counsel has controverted the above-

mentioned arguments. According to the learned State counsel, although the

petitioner has joined the investigation, but his custodial interrogation is

necessary to establish the complete chain of conspiracy.

6. The record has been perused carefully.

7. With regard to fact-situation of this case and the above

mentioned arguments, following are the relevant factors which are supposed

to be taken into consideration:-

i) that the petitioner has already joined the investigation;

ii) that as laid down by the Hon’ble Supreme Court of India

in the case of ‘Vinay Kumar Gupta v. State of Madhya

Pradesh’ [Criminal Appeal No.939 of 2026, decided on

16.02.2026]the petitioner cannot be forced to assist the

prosecuting agency for the recovery of incriminating

material, which may harm his interests or may amount to

defeating his right of defence];

iii) that as per law laid down by the Hon’ble Supreme Court

of India in the case of ‘Sanjay Sharma v. State of

DEEPAK KUMAR BHARDWAJ

2026.05.14 19:23

I attest to the accuracy and

integrity of this document

Criminal Misc. No. M-22179 of 2026 3

Haryana’ [Criminal Appeal No.767 of 2026, decided on

09.02.2026], collection of evidence is the responsibility

of the Investigating Officer, and that an accused cannot

be compelled to self-incriminate himself;

iv) that the offence is triable by the Court of Judicial

Magistrate;

v) that the only role attributed to the petitioner is that he

scribed the gift deed and identified the executants ‘Daljit

Kaur’ and ‘Gurpreet Singh’. Qua above-mentioned role,

prima facie, no criminal offence is made out;

vi) that the only evidence collected by the investigating

agency against the petitioner, is the disclosure statement

of co-accused of the petitioner, and there is a question

mark with regard to credibility & admissibility of above-

mentioned statement in evidence, as the same was

recorded when the co-accused of the petitioner was in

police custody. Since pursuant to above-mentioned

disclosure statement recovery of any incriminating

material or discovery of fact has not taken place, prima

facie the above-mentioned statement appears to be hit by

Section-23 of Bharatiya Sakshya Adhiniyam;

vii) that the entire evidence to be collected by the

Investigating Agency in th