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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-8853-2025 Date of decision: 21.04.2025 RAJBIR ….PETITIONER
Versus STATE OF HARYANA
...RESPONDENT
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Saurabh Sharma, Advocate for the petitioner. Mr. Amrik Narwal, DAG, Haryana.
**** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of BNSS, 2023, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: FIR No. Dated Sections Police Station 22 09.01.2021 20 of NDPS Act Krishna Gate, Thanesar, District Kurukshetra.
2.
Learned counsel for the petitioner submits that in compliance to the order dated 15.02.2025 passed by this Court, the petitioner has already joined the investigation and as such prayed for confirming the interim bail granted vide order dated 15.02.2025.
3. Learned State counsel, on instructions from ASI Parveen Kumar, intimates the Court that the petitioner has joined investigation and is neither required for further investigation nor for any custodial interrogation. KANIKA 2025.04.23 11:58 I attest to the accuracy and authenticity of this
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4. During the course of hearing on 15.02.2025, following order was passed:
“It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. He submits that neither he is named in the FIR nor there is any recovery made from him. He submits that recovery of 2 Kg 100 grams Ganja which is a noncommercial quantity, has been allegedly recovered from the co-accused, namely, Shashi. He submits that the disclosure statement of the coaccused in itself is not even admissible. He submits that the co-accused, Shashi, from whom the recovery was allegedly made, has already been enlarged on bail by the learned trial Court vide
order dated 11.02.2021.He submits that the petitioner has no criminal antecedents and he deserves to be granted the concession of anticipatory bail. Notice of motion for 21.04.2025. In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting/Investigating Officer. The petitioner shall join investigation before the Investigating Agency/Officer. He shall abide by the following conditions as envisaged under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023:- (i) That the petitioner shall make himself available for interrogation by a police officer as and when required. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iii) That the petitioner shall not leave India without prior permission of the court. ” KANIKA 2025.04.23 11:58 I attest to the accuracy and authenticity of this
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5. Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 15.02.2025 passed by this Court, interim bail granted vide order dated 15.02.2025 is hereby confirmed, subject to conditions as envisaged under Section 482 (2) of BNSS, 2023. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.
6. The petition stands allowed.
7. It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case.
(SANJIV BERRY)
JUDGE 21.04.2025
kanika i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No KANIKA 2025.04.23 11:58 I attest to the accuracy and authenticity of this
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