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CRM-M-10113-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 222 CRM-M-10113-2025 Decided on: 14.05.2025 RAJWINDER SINGH @ RAJAN …...Petitioner Versus STATE OF PUNJAB …...Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Raman Kumar, Advocate for the petitioner. Mr. Manjinder Singh Bhullar, DAG, Punjab.
**** SANJAY VASHISTH, J.
1. Prayer in this petition, filed under Section 482 of the BNSS, 2023, 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) FIR No. Date Section(s) Police Station District Rajwinder Singh @ Rajan aged about 22 years 175 12.11.2024 21(c)/61/85 of NDPS Act and Section 29 of NDPS Act was added later on vide G.D. No.15 dated 16.11.2024 Special Task Force STF Wing
2. On 21.02.2025, following order was passed:-
“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 FIR No. Date Section(s) Police Station District RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document
CRM-M-10113-2025 2 (s) Rajwinder Singh @ Rajan, aged about 22 years 175 12.11.2024 21(c)/61/85 of NDPS Act (Section 29 of NDPS Act added later
on vide GD No.15, dated 16.11.2024 Special Task Force STF Wing
2.
Learned counsel for the petitioner, contends that from the possession of the accused Gaurav and Veena (mother and son) there is recovery of 284 grams of Heroin. FIR against both the accused was registered on 12.11.2024, wherein, name of the petitioner does not appear. It is much thereafter i.e. on 16.11.2024, by recording the disclosure statement of the arrested accused, petitioner has been involved in the present case with the aid of Section 29 of NDPS Act. Further contends that there is no other case registered against the petitioner of similar nature. Except the disclosure statement, no other evidence is available with the prosecution to connect the petitioner with crime in question. Thus, 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 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 23.04.2025.
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 submits that in compliance of order dated 21.02.2025 passed by this Court, the petitioner RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document
CRM-M-10113-2025 3 has joined the investigation, and has fully co-operated, thus, prays for confirmation of the interim bail order.
4. Learned State counsel on instructions, confirms the said averment and submits that the custodial interrogation of the petitioner would not be required now for the purpose of investigation. Accordingly, learned State counsel prays for disposal of the present petition.
5. Heard learned counsel for the parties.
6. Since, the petitioner has joined the investigation and custodial interrogation is no more required, interim order dated 21.02.2025 passed by this Court is hereby made absolute. Present petition is thus 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.
7. 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.
8. Accordingly, petition stands disposed of.
(SANJAY VASHISTH) JUDGE May 14, 2025 rashmi Whether Speaking/Reasoned:YES/NO Whether Reportable: YES/NO RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document