Anticipatory bail is granted when the accused has cooperated with the investigation, no recovery is pending, and the prosecution concedes that custodial interrogation is unnecessary to produce a fruitful result.

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. 21 dated 19.02.2026, for the commission of offence punishable under Section(s) 108 of ‘the Bharatiya Nyaya Sanhita, 2023’ Police Station Model Town, District Hoshiarpur, Punjab.

2. Vide order dated 11.03.206, 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 status report. The same be taken on record.

4. Heard.

5. It has been submitted by learned counsel for the petitioner that in compliance with order dated 11.03.2026, 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 11.03.2026 be made absolute.

6. The learned State counsel, in response to above-mentioned contentions, has conceded, on the instructions from ‘ASI Deepankar Singh’, that the petitioner has joined investigation, and that for further investigation of this case his custodial interrogation is not required.

6. The learned counsel for the complainant has controverted the above-mentioned arguments addressed by the learned State counsel vis-a-vis learned counsel for the petitioner. It has been contended by learned counsel for the complainant that in the present case false information has been given by the Investigating Officer, with regard to communication between the petitioner and the deceased.

8. The record has been perused carefully.

9. Keeping in view the facts & circumstances of the present case, in my opinion following are the relevant factors which are supposed to be taken into consideration:-

i) that the petitioner has already joined the investigation;

ii) that it is an admitted fact that the prime accused ‘Sapna’ was living separately from the deceased much before the incident in question;

iii) that nothing has to be recovered from the possession of petitioner;

iv) that the investigation and trial of the case are not likely to be concluded in near future;

v) that custodial interrogation of the petitioner is not likely to produce a fruitful result;

vi) that there is nothing on record to show that while on anticipatory bail, the petitioner is likely to tamper with the evidence or influence the witnesses; and

vii) that there is nothing on record to show that while on anticipatory bail, the petitioner will not participate/cooperate in the investigation.

10. Keeping in view the aforesaid submissions and the fact that the petitioner has already joined the investigation, it is hereby ordered that the petitioner is entitled for anticipatory bail. Hence, the present petition is hereby allowed and the order dated 11.03.2026, whereby the petitioner was accorded the benefit of interim anticipatory bail, is hereby made absolute.