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CRM-M-37110-2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 207 CRM-M-37110-2025 Date of decision: 15.09.2025 PRINCE SINGH ....PETITIONER V/s STATE OF PUNJAB ....RESPONDENT
CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Naveen Kumar Kuhad, Advocate for the petitioner. Mr. Jaypreet Singh, DAG, Punjab.
***** SUMEET GOEL
, J.
1. Present petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in case bearing FIR No. 134 dated 01.06.2025, registered for the offences punishable under Sections 21(b), 29 of NDPS Act, 1985, at Police Canal Colony, Bathinda, District Bathinda, Punjab.
2. On 16.07.2025, the following order was passed:-
“Petitioner prays for grant of pre-arrest bail in FIR No.134 dated 01.06.2025 registered under Sections 21(b)/29 of the NDPS Act at Police Station Canal Colony, Bathinda.
Learned counsel for the petitioner contends that Ajay Singh, co- accused, brother of the petitioner, was apprehended by the police with 25.02 grams of heroin without any lawful authorisation. It has been alleged that Ajay Singh, co-accused, suffered a disclosure statement in the police custody and now the petitioner is sought to be arrested on the strength of the same. Learned counsel next submits that in fact co-accused Ajay Singh did not make any statement in police custody and the petitioner has been falsely involved as he happens to be brother of the main-accused. He next submits that no other case under the provisions of NDPS Act has been registered against the petitioner in the present case. Notice of motion. On the asking of Court, Mr. Tarun Aggarwal, Addl. A.G., Punjab accepts notice on behalf of the respondent-State. JATIN 2025.09.15 17:31 I attest to the accuracy and integrity of this document
CRM-M-37110-2025 2
List on 15.09.2025 In the meantime, the petitioner is directed to join the investigation. In the event of arrest, he shall be released on interim bail to the satisfaction of arresting/investigating officer subject to the conditions envisaged under Section 438 (2) Cr.P.C./482 (2) of BNSS, 2023.”
3. Learned State counsel (on instructions) has submitted that the petitioner has joined investigation and he is not required for further custodial interrogation. 4. In view of the stance of the State, especially the factum of the petitioner having joined investigation and he being arrayed as an accused on the basis of disclosure statement, this Court is inclined to confirm the order dated 16.07.2025, in light of the dicta of the judgment passed by this Court in CRM-M-54032-2024 ‘Ashu Vs. State of Punjab’ and recent judgment of the Hon’ble Supreme Court passed in ‘Jugraj Singh Vs. State of Punjab’ bearing Special Leave to Appeal (Crl.) No.9190/2025. 5. Accordingly, the petition is allowed and the order dated 16.07.2025 granting 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. JATIN 2025.09.15 17:31 I attest to the accuracy and integrity of this document
CRM-M-37110-2025 3
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 of. (SUMEET GOEL)
JUDGE 15.09.2025 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2025.09.15 17:31 I attest to the accuracy and integrity of this document