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Judgment
VIKRAM AGGARWAL, J (ORAL)
The prayer in the present petition preferred by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) is for the grant of anticipatory bail in case FIR No.350, dated 24.12.2025 registered at Police Station City South, Moga, under Sections 316(2) read with Section 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’).
On 25.06.2026, the following order was passed by a Coordinate Bench:-
“Inter alia, contends that a civil dispute has been given a criminal colour. It is submitted that as per the allegations in the FIR, the petitioner owes an amount of Rs. 13,25,000/- to the complainant and has further submitted that even as per the observations made in the order dated 29.05.2026, vide which the anticipatory bail application of the petitioner has been dismissed, it has been noticed by the Additional Sessions Judge that an amount of Rs.3,00,000/- had been returned by the petitioner to the complainant. It is further submitted that even in case the allegations in the FIR are taken on face value, merely because the petitioner has not been able to return the loan would not be a ground to deny bail. It is further submitted that the financial position of the petitioner is not good.
Notice of motion for 03.08.2026.
In the meantime, in the event of arrest, the Investigating/ Arresting Officer shall release the petitioner on interim bail on furnishing personal/surety bonds to his satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of the BNSS, 2023.”
Thereafter, on 03.08.2026, the following order was passed by this Bench:-
“On 25.06.2026, the following order was passed:-
"Inter alia, contends that a civil dispute has been given a criminal colour. It is submitted that as per the allegations in the FIR, the petitioner owes an amount of Rs. 13,25,000/- to the complainant and has further submitted that even as per the observations made in the order dated 29.05.2026, vide which the anticipatory bail application of the petitioner has been dismissed, it has been noticed by the Additional Sessions Judge that an amount of Rs.3,00,000/- had been returned by the petitioner to the complainant. It is further submitted that even in case the allegations in the FIR are taken on face value, merely because the petitioner has not been able to return the loan would not be a ground to deny bail. It is further submitted that the financial position of the petitioner is not good.
Notice of motion for 03.08.2026.
In the meantime, in the event of arrest, the Investigating/ Arresting Officer shall release the petitioner on interim bail on furnishing personal/surety bonds to his satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of the BNSS, 2023.”
Heard learned counsel for the petitioner.
List on 02.09.2026.
In the meantime, the petitioner is directed to join investigation. In the event of arrest, he shall be released on interim bail to the satisfaction of the Arresting/Investigating Officer, subject to compliance of the provisions of Section 482(2) BNSS.
Interim order to continue.”
Learned counsel for the petitioner submits that in compliance with the order dated 03.08.2026, the petitioner has duly joined the investigation.
Learned State counsel, on instructions from ASI Varinder Kumar, Police Station South, District Moga, who is present in Court, submits that in compliance with the order dated 03.08.2026, the petitioner has duly joined the investigation and his custodial interrogation is not required.
In view of the above, the present petition is allowed. The order dated 03.08.2026 passed by this Court is made absolute, subject to compliance of the provisions as envisaged under Section 482(2) BNSS.