CRM-M-32980-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 207 CRM-M-32980-2025 Date of decision: 01.09.2025 JITENDER ....Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. R.G. Gill, Advocate for the petitioner. Mr. Pawan Kumar Jhanda, Sr. DAG, Haryana. SANJAY VASHISTH. J.(Oral) 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 (s) FIR No. Date Section(s) Police Station District Jitender, aged about 24 years 44 17.02.2025 20(b)(ii)(c), 27-A and 29 of the NDPS Act Narnaud Police, Hansi Hisar 2. On 23.06.2025, 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:- AMANDEEP GOSAIN 2025.09.02 10:53 I attest to the accuracy and integrity of this order/judgment CRM-M-32980-2025 - 2- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Jitender, aged about 24 years 44 17.02.2025 20(b)(ii)(c), 27-A and 29 of the NDPS Act Narnaud Police, Hansi Hisar 2. Counsel for the petitioner contends that main accused – Rahul was found in possession of 1.14 kilograms of ‘Charas’ and it is from his disclosure statement, name of ‘Ankit’ appeared, being supplier to the main accused ‘Rahul’. Said co-accused – Ankit, has already been granted the concession of anticipatory bail by this Court, vide order dated 09.04.2025 passed in CRM-M-20030-2025. After granting of interim bail on 09.04.2025, co-accused ‘Ankit’ joined investigation and during that period, said Ankit’s disclosure statement was recorded, involving, one Ram Niwas @ Beghla, as accused. On 30.04.2025, co-accused Ram Niwas was arrested, and on next date i.e. 01.05.2025, his disclosure statement is recorded, wherein, name of petitioner – Jitender and one ‘Sagar’ is also involved as ‘supplier’ of the recovered contraband. 3. Counsel for the petitioner also contends that interim bail order dated 09.04.2025 (Annexure P-2) passed by this Court, qua Ankit, was subsequently confirmed, vide order dated 21.05.2025 (Annexure P-3). 4. It is further submitted that the allegations levelled against the petitioner are baseless and lack any substantive evidence. The material available on record is too weak to warrant a conviction and, therefore, does not justify the custodial interrogation of the petitioner. Moreover, petitioner is willing to cooperate with the investigation and undertake to join the same as and when required. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 5. Notice of motion. 6. On advance notice, Mr. Rajiv Sidhu, DAG, Haryana, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter. 7. Adjourned to 01.09.2025. 8. 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.). 9. Besides, it is directed that petitioner would hand over his passport to the AMANDEEP GOSAIN 2025.09.02 10:53 I attest to the accuracy and integrity of this order/judgment CRM-M-32980-2025 - 3- 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 23.06.2025, 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 the official respondent confirms the said averment made by counsel for the petitioner of joining the investigation, 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 23.06.2025, 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) 01.09.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.09.02 10:53 I attest to the accuracy and integrity of this order/judgment