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2025 DAILYLAW 70011 (PNJ)

VIKAS v. STATE OF HARYANA

CRM-M/32497/2025 · 2025-07-14

Sumeet Goel

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (209) CRM-M-32497-2025 Decided on : 14.07.2025 Vikas ……Petitioner(s) Versus State of Haryana ……Respondent(s) CORAM : HON'BLE MR.JUSTICE SUMEET GOEL Present: Mr. Vishal Sharda, Advocate for the petitioner. Mr. Gurmeet Singh, AAG, Haryana. ***** Sumeet Goel (Oral): 1. Apprehending his arrest in FIR No.137 dated 24.05.2025 registered for offences punishable under Sections 17B/61/85 of the NDPS Act, 1985 registered at Police Station Ding, District Sirsa; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. 2. On 16.06.2025, the following order was passed:- “Counsel for the petitioner, inter alia, contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made by co-accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon’ble Supreme Court in ‘Vijay Singh versus The State of Haryana’ bearing Special Leave to Appeal (Crl.) No(s).1266/2023, ‘State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr’ 2022(1) RCR (Criminal) 762, ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592 NAVEEN NAGPAL 2025.07.14 17:15 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-32497-2025 P a g e | 2 and ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Control Bureau’ 2024 INSC 290. Notice of motion. On the strength of advance notice; Mr. Vikas Bhardwaj, AAG, Haryana has entered appearance on behalf of the respondent- State of Haryana. Adjourned to 14.07.2025. The petitioner is directed to appear before the Investigating Officer on 20.06.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” 3. Learned State counsel has filed status report by way of affidavit of Mr. Raj Singh, HPS, Deputy Superintendent of Police, Sirsa on behalf of the respondent-State in Court. The same be kept on record. 4. Raising submissions in tandem with the status report, learned State counsel has opposed the prayer for grant of anticipatory bail to the petitioner. 5. However, keeping in view the factum of the petitioner having his implication into the FIR in question solely on the basis of the disclosure statement; his having joined the investigation and cooperated therein except for alleged non-cooperation in recovery of the money, this Court deems it appropriate to confirm the interim anticipatory bail extended to the petitioner vide order dated 16.06.2025, in light of the dicta of the judgment passed by this Court in CRM-M-54032-2024 ‘Ashu Vs. State of Punjab’. NAVEEN NAGPAL 2025.07.14 17:15 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M-32497-2025 P a g e | 3 5. Accordingly, the petition is allowed and the order dated 16.06.2025 granting interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS. 6. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 7. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause. 8. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 9. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) July 14, 2025 JUDGE Naveen Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No NAVEEN NAGPAL 2025.07.14 17:15 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh