Sagar Vs State of Punjab

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information

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Report, as detailed hereunder:-

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Name of Petitioner (s)	FIR No.	Date	Section(s)	Police Station	District
Sagar aged about 26 years	122	22.11.2025	109, 121(1), 121(2), 132, 221, 324(4), 191(3), 190 of BNS	Majitha Road	Amritsar

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On 22.01.2026, following order was passed:-

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“1. XXXX

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2. Learned counsel for the petitioner, inter alia, contends that members of the alleged police team who came to the house of the coaccused, Saajan alias Sap, for effecting his arrest were neither in uniform nor carrying any arrest warrant. It is further pointed out that this crucial aspect does not even find mention in the FIR.

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3. Counsel further submits that the said police personnel reached the house of Saajan alias Sap at about 11:00 p.m., without any order

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POONAM 2026.04.30 14:35 I attest to the accuracy and integrity of this document

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of the Court. Even if the allegations are taken at their face value, it is submitted that, in order to protect personal liberty during the late hours of the night, a scuffle ensued, whereafter a false and concocted version was created, resulting in registration of the present FIR against the petitioner and other co-accused.

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It is further submitted that, as per the information received, none of the alleged injured persons has suffered any serious injury. Moreover, petitioner is not enhabitual offender and has been implicated merely on account of being a resident of the same locality. No specific role has been attributed to the petitioner.

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4. Learned counsel further submits that petitioner is ready and willing to join the investigation and shall fully cooperate with the investigating agency, provided he is protected from arrest by this Court. Thus, prayer is made for grant of concession of anticipatory bail to the petitioner in the present case.

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5. Notice of motion.

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6. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.

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7. Adjourned to 28.04.2026.

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8. Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 9. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact tha he does not possess any passport.

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It is also directed that before leaving country any time durir trial, petitioner would seek prior permission of the Court.

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Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 22.01.2026, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.

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Learned State counsel on instructions from ASI Paramjeet Singh, confirms the said averment made by counsel for the petitioner of joining the investigation on 05.02.2026 by the petitioner, and submits that as of now,

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custodial interrogation of the petitioner is not required for the purpose of

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POONAM 2026.04.30 14:35 I attest to the accuracy and integrity of this document

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investigation.

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Heard learned counsel for the parties.

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Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 22.01.2026, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

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However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023.

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Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.

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It is also directed that before leaving country any time during trial, petitioner would seek prior permission of this Court.

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