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2026 Supreme(Online)(SC) 385

SUPREME COURT OF INDIA
ARAVIND KUMAR, PRASANNA B. VARALE, JJ
SHALLY MAHANT @ SANDEEP – Appellant
Versus
STATE OF PUNJAB – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Manav Bhalla, Adv., Mr. Tushar Bathija, Adv., Mr. Rupendra Chauhan, Adv., Ms. Aishwarya Singh, AOR
For the Respondents: Mr. Siddhant Sharma, AOR, Mr. Vikram Choudhary, Adv.

Table of Content
1. justification for granting bail due to civil aspects. (Para 2 , 5)
2. factual basis for anticipatory bail. (Para 3)
3. court's view on cooperation with investigation. (Para 4 , 6)
4. final conclusion granting anticipatory bail. (Para 7 , 8)

ORDER

1. Heard.

2. Leave granted.

3. Appellant has been arraigned as an accused in FIR No.166 of 2025 for the offences punishable under Sections 329(1), 329(4), 62, 351(3), 305 and 190 of the Bharatiya Nayaya Sanhita , 2023 (BNS, 2023) alleging that he had, alongwith other co-accused, tresspassed into the house of the complainant and committed theft of articles lying in the house. The house is said to be in possession of the complainant on the basis of an agreement to sell dated 06.08.2025.

4. The appellant has been unsuccessful before the trial court and the High Court. In other words, prayer for bail has been rejected. This Court while issuing notice on 08.01.2026 granted an interim protection namely from any coercive steps being taken against the appellant subject to the appellant cooperating with the investigation.

5. The learned counsel appearing for the State would fairly submit that appellant has appeared before the Investigat

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