CRM-M-29058-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 CRM-M-29058-2025 Decided on: 11.08.2025 AMIT KUMAR …...Petitioner Versus STATE OF HARYANA …...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: None for the petitioner. Mr. Kanwar Sanjiv Kumar, AAG, Haryana. **** SANJAY VASHISTH, J. 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 of Petitioner (s) FIR No. Date Section(s) Police Station District Amit Kumar 90 24.04.2025 15(B) and 27-A of NDPS Act City Ratia Fatehabad 2. On 23.05.2025, following order was passed:- “ 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 Amit Kumar 90 24.04.2025 15(B) and 27-A of NDPS Act City Ratia Fatehaba d PRASHANT KAPOOR 2025.08.12 20:24 I attest to the accuracy and authenticity of this order/judgement CRM-M-29058-2025 2 2. Learned counsel for the petitioner submits that the recovery in this case is 12 kgs and 234 grams of poppy-husk (kachra doda post). Counsel further submits that petitioner is not named in the secret information, but his name has surfaced on the disclosure statement of co-accused Sunil Kumar, alleging that it is the petitioner from whom he had purchased the recovered contraband. However, the contraband in question has already been recovered from the possession of the co-accused Sunil Kumar and no recovery has been made from the petitioner. Furthermore, there is no other connecting evidence linking the petitioner to the offence. 3. Apart from the said disclosure statement there is no other substantive or independent evidence available with the prosecution to connect the petitioner with the alleged offence. 4. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case, as he is ready to join the investigation as and when called by the investigating agency. 5. Notice of motion. 6. On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent-State. 7. Adjourned to 31.07.2025. 5. 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 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.). 6. 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.” 3. Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 23.05.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. 4. Learned State counsel on instructions from I.O. confirms the said averment made by counsel for the petitioner of joining the investigation on PRASHANT KAPOOR 2025.08.12 20:24 I attest to the accuracy and authenticity of this order/judgement CRM-M-29058-2025 3 20.07.2025 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation. 5. Heard learned counsel for the parties. 6. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 23.05.2025, passed by this Court is hereby made absolute. Accordingly, present petition is 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. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE 11.08.2025 Chiranjeev Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO PRASHANT KAPOOR 2025.08.12 20:24 I attest to the accuracy and authenticity of this order/judgement