The Court established the right to bail under the Bharatiya Nyaya Sanhita, considering the circumstances and allegations involved.

O R D E R

Leave granted.

This appeal challenges the judgment and order dated

17.03.2025 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 13150 of 2025.

The appellant Kunal Khanna has been facing trial in connection with a crime registered pursuant to First Information Report No. 435 of 2024 dated 01.10.2024 lodged with Police Station Zirakpur, District S.A.S Nagar in respect of offences punishable under Section 108 ( Sections 80 and 85 of the BNS , 2023 added later on) of the Bharatiya Nyaya Sanhita, 2023 (for short, “ BNS , 2023”).

Signature Not Verified An application seeking regular bail having been Digitally signed by NEETU SACHDEVA Date: 2025.08.14

16:34:01 IST rejected by the High Court vide impugned order dated Reason:

17.03.2025, the appellant has preferred the instant appeal.

This Court, vide its order dated 29.05.2025, issued notice in the instant matter.

We have heard learned counsel for the appellant and learned counsel for the State and perused the material on record. The appellant has been in custody for approximately more than ten months.

Learned counsel for the appellant submitted that the allegations as against the appellant herein vis-a-vis Section 108 of the BNS , 2023 ( Sections 80 and 85 of the BNS , 2023 added later on) are wholly false and in fact the appellant was not even at the maternal home where the so- called victim (his wife) is said to have committed suicide. He contended that the appellant is a resident of Ambala and therefore appropriate conditions may be imposed in case this Court is inclined to grant the relief of bail to the appellant by setting aside the impugned order(s).

Per contra, learned counsel for the respondent/State with reference to the reply by way of an affidavit of the Superintendent of Police, Sub Division Zirakpur contended that serious allegations of dowry harassment has led to the suicide of the appellant’s wife and this is not a case where the appellant should be granted the relief of bail.

Considering the facts on record, in our view, the case for bail is made out.

We, therefore, allow this appeal and direct as under:

“The appellant Kunal Khanna shall be produced before the concerned trial Court as early as possible and the trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 435 of 2024 mentioned above.”

It is directed that the appellant shall extend complete cooperation in the trial of the instant case.

The appellant shall not misuse his liberty in any manner.

Any infraction of the conditions shall entail cancellation of bail granted to the appellant.

With these observations, the appeal is allowed.

………………………………………J. [B.V. NAGARATHNA]

….……………………………………J. [K.V. VISWANATHAN]

NEW DELHI AUGUST 14, 2025 ITEM NO.8 COURT NO.5 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 8158/2025 [Arising out of impugned final judgment and order dated 17-03-2025 in CRM-M No. 13150/2025 (O&M) passed by the High Court of Punjab &

Haryana at Chandigarh]

KUNAL KHANNA Petitioner(s)

VERSUS STATE OF PUNJAB Respondent(s)

IA No. 134653/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

IA No. 134655/2025 - EXEMPTION FROM FILING O.T.

Date : 14-08-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) :Mr. Karan Dewan, Adv.

Mr. Rajiv Sethi, Adv. Ms. Aanchal Jain, AOR For Respondent(s) :Mr. Mohd Irshad, A.A.G.

Mr. Siddhant Sharma, AOR UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The Appeal is allowed in terms of the signed order.

It is directed that the appellant shall be produced before the concerned trial Court as early as possible and the trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings ar