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CRM-M-9901-2025
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 218 CRM-M-9901-2025 Date of decision: 22.04.2025 RAVI KUMAR ....Petitioner Versus STATE OF PUNJAB
...Respondent
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Ms. Komal Sohi, Advocate for Mr. C.S. Rana, Advocate for the petitioner. Mr. Amandeep Singh, DAG, Punjab.
SANJAY VASHISTH. J.(Oral)
1. 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:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Ravi
Kumar, aged about 34 years 151 06.07.2024 21 of NDPS Act, 1985 (Section 29 of
NDPS Act added later on) City Jagraon Ludhiana Rural
2. Status report by way of an affidavit of Jasjyot Singh, PPS, DSP, Jagraon, District Ludhiana (Rural) has been filed on behalf of respondent-State. The same is taken on record.
3. On 20.02.2025, 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 AMANDEEP GOSAIN 2025.04.24 03:30 I attest to the accuracy and integrity of this order/judgment
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petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Ravi
Kumar, aged about 34 years 151 06.07.2024 21 of NDPS Act, 1985 (Section 29 of
NDPS Act added later on) City Jagraon Ludhiana Rural
2. Learned counsel for the petitioner, inter alia, contends as following: (i) That on 06.07.2024, recovery of 10 grams of heroin was effected from the main/co-accused, Sagar, which is double to the prescribed small quantity. (ii) That after a period of two days, i.e., on 08.07.2024, based on the disclosure statement of accused Sagar, three other individuals were involved i.e. (i) Akash @ Laddu, (ii) Vishal @ Locha, and (iii) Ravi Kumar (petitioner herein). (iii) That as per the allegations, petitioner - Ravi Kumar, is involved in two other cases; however, he has not been convicted in either of them till date. (iv) That the prosecution's case is entirely based on the disclosure statement of the co-accused Sagar. The burden lies heavily on the prosecution to substantiate its allegations, which will be subject to the nature of the evidence that is yet to be presented. Thus,
learned counsel prays for grant of concession of anticipatory bail to the petitioner in the present case.
3. Notice of motion
4. On advance notice, learned State counsel puts in appearance on AMANDEEP GOSAIN 2025.04.24 03:30 I attest to the accuracy and integrity of this order/judgment
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behalf of the respondent – State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions, and, in case of necessity, to file status report.
5. Adjourned to 22.04.2025.
6. 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) Cr.P.C.).
7. Besides, the petitioner would submit/surrender his passport before the Arresting Officer and an undertaking on oath that in case of leaving the Country, he would seek prior permission from the Investigating Agency/concerned Court.”
3.
Learned counsel for the petitioner contends that in compliance of the
order dated 20.02.2025, passed by this Court, the petitioner has joined the investigation, and has fully co-operated.
4. Learned State counsel on instructions from the Investigating Officer confirms the said averment and submits that the custodial interrogation of the petitioner would not be required now for the purpose of investigation.
5. Heard learned counsel for the parties.
6. Since the petitioner has joined the investigation, custodial interrogation is no more required, present petition is allowed and ad-interim order AMANDEEP GOSAIN 2025.04.24 03:30 I attest to the accuracy and integrity of this order/judgment
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dated 20.02.2025, 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.
7. Accordingly, petition stands disposed of.
(SANJAY VASHISTH) 22.04.2025
JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.04.24 03:30 I attest to the accuracy and integrity of this order/judgment