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IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH
CRM CRM CRM CRM----M M M M----22456 22456 22456 22456----2025 2025 2025 2025 (O&M) (O&M) (O&M) (O&M) Date of decision : Date of decision : Date of decision : Date of decision : 26 26 26 26.05 .05 .05 .05.2025 .2025 .2025 .2025
Jasbir Singh @ Jagga
...Petitioner
Versus
State of Haryana
...Respondent
CORAM:
CORAM:
CORAM:
CORAM:
HON’BLE MS. JUSTICE HON’BLE MS. JUSTICE HON’BLE MS. JUSTICE HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN HARPREET KAUR JEEWAN HARPREET KAUR JEEWAN HARPREET KAUR JEEWAN
Present: Mr. R.S. Randhawa, Advocate,
and Mr. Anju Chauhan, Advocate,
for the petitioner.
Mr. Deepak Grewal, DAG, Haryana.
HARPREET KAUR JEEWAN HARPREET KAUR JEEWAN HARPREET KAUR JEEWAN HARPREET KAUR JEEWAN, J.
, J.
, J. , J. (Oral) (Oral) (Oral) (Oral)
1.
The instant petition has been filed under Section 482 of the BNSS, 2023, for grant of anticipatory bail to the petitioner in case FIR No.0180 dated 23.03.2025, registered at Police Station Ladwa, District Kurukshetra, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’).
2.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated on the basis of the alleged disclosure statements suffered by co-accused, namely, Deepak Kumar and Rajender Kumar, to the effect that they had purchased the contraband from the petitioner for a sum of Rs.1,50,000/- and the payment was made in cash. 2.1
It is further contended that as per the case of the prosecution, the aforesaid co-accused had earlier also made a disclosure statement alleging therein that the contraband was purchased by them from one Kachru, resident of Madhya Pradesh.
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2.2
Learned counsel for the petitioner further contends that petitioner is not having any history of any similar case having been registered against him. Merely on the basis of a concocted version, the petitioner is being implicated. The petitioner is ready to join the investigation. 3. The State has filed a status report by way of affidavit dated 07.05.2025 of Mr. Randhir Singh, HPS, DSP, Ladwa, District Kurukshetra, which is already on record. 4. Learned State counsel submitted that the case was registered on the basis of a secret information against co-accused Deepak Kumar and Rajender Kumar. Both of them were apprehended while going on a motorcycle bearing No.HR02-AM-6709 and opium weighing 01 kg 35 grams was recovered from them. 4.1
Learned State counsel further submits that during investigation of the aforesaid co-accused suffered disclosure statements to the effect that they had purchased the alleged contraband from the petitioner for a sum of Rs.1,50,000/-. 4.2
Learned State counsel further submits that custodial interrogation of the petitioner is required to unearth the truth, however, this fact has been confirmed that as per the local police record, no other case is found to have been registered against the petitioner. This fact is also confirmed by the State counsel that in the status report filed before learned trial Court (P-2), it was submitted that co-accused Deepak Kumar and Rajender Kumar had disclosed the name of one Kachru, a resident of Madhya Pradesh, who is yet to be arrest. ATUL SETHI 2025.05.27 14:54 I am the author of this document Chandigarh
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5. I have heard learned counsel for the parties and perused the paper-book. 6. In view of the aforesaid facts and circumstances of the present case and the submissions made on behalf of learned counsel for the parties, I am of the considered opinion that it is a fit case for grant of anticipatory bail to the petitioner.
As such, without making any comment on the merits of the case, the petition is allowed subject to the following conditions:-
“(i) That the petitioner shall surrender before the Investigating Officer within a period of 10 days and thereafter as and when required and in the event of his arrest, he shall be released on bail upon his furnishing bail bonds/surety bonds to the satisfaction of the Arresting Officer. (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 the prior permission of the Trial Court/CJM concerned. 7. Liberty is reserved in favour of the State to move for cancellation of this order in case the petitioner violates any condition stipulated in this order and under Section 482 of the BNSS, 2023, or upon showing any other sufficient cause. 8. Pending miscellaneous applications, if any, shall stand
disposed of. 26 26 26 26.05 .05 .05 .05.2025 .2025 .2025 .2025
[HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] atulsethi
JUDGE JUDGE JUDGE JUDGE Whether speaking / reasoned : Yes No
Whether Reportable : Yes No
ATUL SETHI 2025.05.27 14:54 I am the author of this document Chandigarh