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High Court of Punjab and Haryana · body

2025 DAILYLAW 30849 (PNJ)

VIKAS ALIAS KASI v. STATE OF HARYANA

CRM-M/12506/2025 · 2025-04-03

Sanjiv Berry

body2025

Judgment text

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101+244 CRM-M-12506-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-12506-2025 (O&M) Date of decision: 03.04.2025 VIKAS ALIAS KASI ….Petitioner Versus STATE OF HARYANA ....Respondent CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Prabhat Kashyap, Advocate for Mr. Varun Kumar, Advocate for the petitioner. Mr. Amrik Narwal, DAG Haryana. ..… SANJIV BERRY, J. (ORAL) CRM-13540-2025 Keeping in view the averments made in the application, the documents are taken on record as Annexures P-3 to P-5 subject to all just exceptions. Exemption is granted as prayed for. 2. Registry to tag the same at appropriate place. 3. Disposed of. Main Case By way of present petition filed under Section 482 BNSS, 2023, the petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: - FIR No. Dated Sections Police Station 319 21.12.2024 18(C) and 29 of NDPS Act Sadar Kaithal, District Kaithal Puneet Sharma 2025.04.05 10:12 I attest to the accuracy and authenticity of this order/judgment 101+244 CRM-M-12506-2025 (O&M) -2- 2. Learned counsel for the petitioner submits that in compliance to the order dated 20.03.2025, the petitioner has joined the investigation. 3. During the course of hearing on 20.03.2025, following order had been passed: - “ Reply dated 17.03.2025 in the form of an affidavit of Deputy Superintendent of Police, HQ, Kaithal, has been filed. The same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner. 2. ASI Jasmer Singh, Investigating Officer of the case is present in Court along with record. 3. Heard. 4. The perusal of record would reveal that the petitioner was not named in the FIR but has been allegedly named on the disclosure statement of co-accused Karan alias Kanni who in turn was nominated by co-accused Mohan Lal from whom recovery of 2 kg and 15 grams opium was allegedly effected. 5. Admittedly, as per statement by ASI Jasmer Singh present in Court no recovery of contraband has been effected from Karan alias Kanni. On being confronted, the Investigating Officer of the case present in Court could not explain the plausible reason on the basis of which he apprehended the involvement of the petitioner to be dealing in narcotics especially when he is not having any criminal antecendents nor any recovery of contraband has been effected from Karan alias Kanni who had allegedly named the petitioner. 6. Be it the case, without commenting on the merits, the petitioner is directed to join the investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) of BNSS, 2023. 7. List on 03.04.2025. 8. Investigating Officer of the case to remain present in Court along with record on that date.” Puneet Sharma 2025.04.05 10:12 I attest to the accuracy and authenticity of this order/judgment 101+244 CRM-M-12506-2025 (O&M) -3- 4. Learned State counsel on instructions received from ASI Jasmer Singh informs the Court that the petitioner has joined the investigation and is neither required for further investigation nor for any custodial interrogation. 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 20.03.2025 passed by this Court, interim bail granted vide order dated 20.03.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) of BNSS. 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) 03.04.2025 JUDGE puneet i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Puneet Sharma 2025.04.05 10:12 I attest to the accuracy and authenticity of this order/judgment