Judgment Intelligence
Bail GrantedTilak Raj v. State of Haryana & Anr.
Special Leave Petition (Criminal) No. 8865 of 2026
- Court
- Supreme Court of India
- Date of Decision
- 9 October 2026
- Bench
- Justice J.B. Pardiwala and Justice K. Vinod Chandran
- Relevant Acts & Sections
- Bharatiya Nyaya Sanhita, 2023 — Sections 61, 316(3), 318(4)
Final Outcome
Petition disposed of: the petitioner to be released on bail in the event of arrest, on terms set by the Investigating Officer (paras 5-8).
Key holdings
- Anticipatory bail was granted on a prima facie consideration of the record (para 5).
- Bail conditions on arrest were left to the Investigating Officer, subject to continued cooperation (para 6).
- After release, the accused must furnish bail bonds before the jurisdictional Magistrate when directed and attend the trial (para 7).
Brief Facts
The Punjab and Haryana High Court refused the petitioner anticipatory bail in FIR No. 42/2026, PS Bhupani, Faridabad, under Sections 316(3), 318(4) and 61 of the BNS (para 1). The complainant alleges that her ex-husband, who needed Rs 5 lakh for a road construction, persuaded her to take a loan by mortgaging her plot; she signed what she believed were mortgage papers, which turned out to be an agreement to sell, without payment (para 2). The investigation allegedly found that the petitioner and the ex-husband fraudulently executed the agreement for Rs 7 lakh (para 3). The petitioner cited a 2.5-year delay, the civil and documentary nature of the case, and the absence of any need for custodial interrogation (para 4).
Court's Findings
On a prima facie consideration of the material on record, the Court held that the petitioner could be granted anticipatory bail (para 5). It directed that, if arrested, he be released on bail on such terms as the Investigating Officer deems fit, subject to his continued cooperation with the investigation (para 6). Once released, he must appear before the Judicial Magistrate First Class, Faridabad, the jurisdictional court, whenever the Investigating Officer so directs or the Magistrate summons him, furnish bail bonds there and ensure his appearance during the trial (para 7). The order gives no further reasons and does not rule on the petitioner's individual contentions (paras 4-5).
Legal Principle
Anticipatory bail may be granted on a prima facie view of the record, with the conditions left to the Investigating Officer and the accused bound to cooperate with the investigation and to furnish bonds before the jurisdictional Magistrate when summoned (paras 5-7).
