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CDJ 2026 SC 348
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| Court : Supreme Court of India |
| Case No : Criminal Appeal No. of 2026 (@ Special Leave Petition (Crl.) No. 12116 of 2025) |
| Judges: THE HONOURABLE MRS. JUSTICE B.V. NAGARATHNA & THE HONOURABLE MR. JUSTICE UJJAL BHUYAN |
| Parties : Ravneet Kaur Versus State of Punjab & Another |
| Appearing Advocates : For the Petitioner: ----- For the Respondents: ----- |
| Date of Judgment : 09-01-2026 |
| Head Note :- |
Bharatiya Nyaya Sanhita, 2023 - Sections 108 and 3(5) -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Sections 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Bharatiya Nyaya Sanhita, 2023
- Bharatiya Nagarik Suraksha Sanhita, 2023
2. Catch Words:
- Anticipatory bail
- Arrest
- Bail
- Investigation
- Cooperation
3. Summary:
The appellant sought anticipatory bail under Section 482 of the BNSS after the High Court rejected the application. The Supreme Court, after hearing both parties, noted that the allegations were frivolous and the appellant was cooperating with the investigation. The Court observed that the appellant is entitled to relief under Section 482 of BNSS. Consequently, the Supreme Court set aside the High Court’s order and directed that if arrested, the appellant be released on bail upon furnishing a cash security of Rs. 25,000 with two sureties. The Court also imposed conditions of cooperation and non‑interference with witnesses. The criminal appeal was allowed.
4. Conclusion:
Appeal Allowed |
| Judgment :- |
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1. Leave granted.
2. This appeal challenges the order dated 11.03.2025 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M-13414-2025.
3. Apprehending arrest in connection with crime registered pursuant to FIR No. 245 of 2024 dated 07.12.2024 lodged with Police Station Kamboj, District Amritsar Rural in respect of the offences punishable under Sections 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023 ('BNS' for short), the appellant preferred an application before the High Court seeking anticipatory bail in terms of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short).
4. The application for anticipatory bail having been rejected by the High Court vide the impugned order dated 11.03.2025, the instant appeal has been preferred.
By order dated 11.08.2025, this Court passed the following order:
'Delay condoned.
Issue notice to the respondent-State, returnable on 08.09.2025.
Petitioner's counsel is permitted to serve the standing counsel for the respondent-State.
Mr.Goldy Goyal, learned counsel, who is present in the court submitted that he has instructions to appear for the complainant - Caveator. However, the complainant has not been arrayed by the party.
Petitioner's counsel submitted that the complainant may be arrayed as respondent No.2 in this Special Leave Petition.
Accepting the said submission, the complainant -Mr.Balbir Singh, S/o.Joginder Singh, Caste-Jatt, R/o.Fatehgarh Shukarchak, Kamboj, Amritsar Rural, Punjab, is arrayed as respondent No.2.
Petitioner's counsel to file amended memo of cause title.
List on 08.09.2025.
Till the next date of hearing, no coercive steps shall be taken against the petitioner herein vis a vis FIR No.245 of 2024 dated 07.12.2024 of Kamboj Police Station, Amritsar Rural District.'
5. We have heard learned counsel for the appellant and learned counsel appearing for the respondent(s) and perused the material on record.
6. Learned counsel for the appellant submitted that the allegations as against the appellant herein are wholly false and frivolous; that her husband committed suicide but the same has no nexus with her conduct; that this Court by interim order dated 11.08.2025 has granted protection to the appellant herein subject to her cooperating with the investigation; that the appellant is in fact cooperating with the investigation. Hence, the impugned order may be set aside and the interim order granted by this Court may be made absolute.
7. Per contra, learned counsel for respondent no.1/State, with reference to his counter affidavit contended that the investigation is still on and no charge sheet has been filed as against the appellant herein. In the circumstances, the appeal may be simply dismissed.
8. Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 482 of BNSS.
9. We, therefore, allow this appeal and set aside the order passed by the High Court dated 11.03.2025. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties.
10. It is directed that the appellant shall extend complete cooperation in the ensuing investigation. The appellant shall not misuse her liberty and shall not in any way influence the witnesses or tamper with the material on record.
11. With the aforesaid directions, the criminal appeal is allowed.
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