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2025 DAILYLAW 128933 (PNJ)

ROMAS KUMAR ALIAS ROMI v. STATE OF PUNJAB

CRM-M/44012/2025 · 2025-11-13

Sanjay Vashisth

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Judgment text

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CRM-M-44012 218 IN THE HIGH COURT OF PUNJAB AND HARYANA ROMAS KUMAR ALIAS ROMI STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE Present:- SANJAY VASHISTH 1. 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 Report, as detailed hereunder: Name of Petitioner (s) Romas Kumar @ Romi, aged about 23 years 2. Name & age 44012-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM- Date of Decision: ROMAS KUMAR ALIAS ROMI Versus STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Ms. Ramandeep Kaur Brar, Advocate for the petitioners. Mr. Bareen Pratap Singh, AAG, Punjab. SANJAY VASHISTH, J.(Oral) Prayer in this petition, filed under Section 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 Report, as detailed hereunder: FIR No. Date Section(s 138 08.05.2025 21/29 of NDPS Act On 13.08.2025 following order was passed: “1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 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 Report, as detailed hereunder:- FIR No. Date Section(s) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -M-44012-2025 Date of Decision: 13.11.2025 …Petitioner …Respondent SANJAY VASHISTH , Advocate Mr. Bareen Pratap Singh, AAG, 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 Report, as detailed hereunder:- Section(s) Police Station District 21/29 of NDPS Act Civil Lines, Batala Gurdaspur On 13.08.2025 following order was passed:- 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 Report, as detailed Section(s) Police District HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document CRM-M-44012 of Petitioner (s) Romas Kumar @ Romi, aged about 23 years 44012-2025 -2- 138 08.05.2025 21/29 of NDPS Act 2. Learned counsel for the petitioner, inter alia, contends that as per the prosecution’s case, 8 grams of heroin was recovered from the main Singh. Subsequently, based on his disclosure statement, petitioner has been implicated as co-accused, with the allegation that it was the petitioner who supplied the heroin to Nirmal Singh. 3. It is further submitted that apart from the alleged bald disclosure statement of the co-accused, which is not supported by any independent or corroborative evidence, the prosecution has no other material on record to substantiate the allegations against the petitioner or to render them reliable. Moreover, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 4. Notice of motion. 5. On advance notice, Mr. N Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent State, and seeks some time to file status report in the matter. 6. Adjourned to 13.11.2025. Station 21/29 of NDPS Act Civil Lines, Batala Gurdaspur Learned counsel for the petitioner, , contends that as per the prosecution’s case, 8 grams of heroin was recovered from the main accused, Nirmal Singh. Subsequently, based on his disclosure statement, petitioner has been implicated as accused, with the allegation that it was the petitioner who supplied the heroin to It is further submitted that apart from leged bald disclosure statement of the accused, which is not supported by any independent or corroborative evidence, the prosecution has no other material on record to substantiate the allegations against the petitioner or to render them reliable. ver, petitioner is ready to join the vestigation and fully cooperate, if protected from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. Notice of motion. 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. Adjourned to 13.11.2025. HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document CRM-M-44012 3. petitioner contends that in compliance of the order dated 13.08.2025 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. 4. Court, same is taken on record. hereunder:- 44012-2025 -3- 7. In the 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 bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by al conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would sub affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.” Continuing his submissions, l petitioner contends that in compliance of the order dated 13.08.2025 passed by this Court, petitioner has joined the investigation, and has operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. Learned State counsel has filed status report today in the Court, same is taken on record. Paragraph No.9 of the status report is reproduced In the 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 be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) 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. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.” Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 13.08.2025 passed by this Court, petitioner has joined the investigation, and has operated. Therefore, he prays for confirmation of the said Learned State counsel has filed status report today in the Paragraph No.9 of the status report is reproduced HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document CRM-M-44012 5. by counsel for the petitioner of joining the investigation on 19.08.2025 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation. 6. 7. custodial interrogation is no more required; ad dated 13.08.2025 Accordingly, present pe 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. 8. 13.11.2025 himanshu 44012-2025 -4- “9. That the deponent humbly submits that as per the orders/directions of this Hon’ble Court, the p joined the investigation of the case on 19.08.2025 and had cooperated with the investigation officer and petitioner is not required for further investigation. The petitioner has not in possession of any passport.” Learned State counsel confirms the said averment made by counsel for the petitioner of joining the investigation on by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation. Heard learned counsel for the parties. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad 13.08.2025 passed by this Court is hereby made absolute. Accordingly, present petition is allowed. 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. Accordingly, petition stands disposed of. Whether reasoned/speaking: Yes/No Whether reportable: Yes/No That the deponent humbly submits that as per the orders/directions of this Hon’ble Court, the petitioner/accused had joined the investigation of the case on 19.08.2025 and had cooperated with the investigation officer and petitioner is not required for further investigation. The petitioner has not in possession of any counsel confirms the said averment made by counsel for the petitioner of joining the investigation on by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of Heard learned counsel for the parties. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order passed by this Court is hereby made absolute. 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. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE HIMANSHU 2025.11.14 15:05 I attest to the accuracy and integrity of this document