CRM-M-41821-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 107 CRM-M-41821-2025 (O&M) DATE OF DECISION: 04.08.2025 RINKU ...PETITIONER Versus STATE OF HARYANA ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Harshit Ahuja, Advocate for the petitioner(s). Mr. Sushil Bhardwaj, Addl. A.G., Haryana. *** SANDEEP MOUDGIL, J (ORAL) 1. Prayer This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail in FIR No. 266 dated 09.07.2025 registered under Section 21 of the The Narcotic Drugs and Psychotropic Substances Act, 1985 at P.S. City Fatehabad, District Fatehabad. 2. Contentions On behalf of the petitioner Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He submits that the petitioner was not named in the FIR and there are vague allegations against the petitioner qua sale of alleged contraband. He further submits that the recovered contraband i.e. 5 grams Heroin was effected from co-accused Dharampal who has already been granted concession of regular bail vide order dated 10.07.2025. Anuradha 2025.08.04 06:14 I agree to specified portions of this document CRM-M-41821-2025 2 Learned counsel for the petitioner undertakes on behalf of the petitioner that he is ready and willing to join the investigation and cooperate with the investigating officer. Notice of motion. On behalf of the State Learned State Counsel appearing on advance notice on instructions from Investigating officer vehemently opposes the prayer for grant of concession of anticipatory bail stating that the petitioner is the supplier of the contraband i.e. 5 gram Heroin recovered from the co-accused. 3. Analysis Be that as it may, after given a thoughtful consideration to the submissions as made, by the counsel for both the parties to the effect that the petitioner was not named in the FIR, the recovery of contraband i.e. 5 grams Heroin is effected from the co-accused Dharampal and not from the petitioner, moreso, the main accused has been granted concession of regular bail vide order dated 10.07.2025, hence, this Court finds no reason to deny the petitioner the concession of anticipatory bail, wherein the petitioner has bona fide intentions and is willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency within the stipulated time period. 4. Relief Hence, in view of the admitted set of circumstances before this Court, the petitioner is hereby directed to be released on Anuradha 2025.08.04 06:14 I agree to specified portions of this document CRM-M-41821-2025 3 anticipatory bail subject to him joining investigation and reporting to the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS of which are reproduced below :- ‘When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person 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) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’ However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within one week, the order passed by this Court today shall automatically stand cancelled. The petition in the aforesaid terms stand allowed. (SANDEEP MOUDGIL) JUDGE 04.08.2025 anuradha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Anuradha 2025.08.04 06:14 I agree to specified portions of this document