CRM-M-43881-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 216 CRM-M-43881-2025 Date of decision: 24.09.2025 HARMAN @ HUMMA @ HARMANPREET SINGH ....PETITIONER V/s STATE OF PUNJAB ....RESPONDENT CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Saksham Dudeja, 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.09 dated 26.02.2025, registered for the offences punishable under Sections 22/25/61/85 of the NDPS Act and Sections 303 (2), 317(4) of BNS at Police Station City Raikot, District Ludhiana Rural. 2. On 12.08.2025, the following order was passed:- “Petitioner prays for grant of pre-arrest bail in FIR No.09 dated 26.02.2025 registered under Sections 22/25/61/85 of the NDPS Act and Sections 303/317(4) of BNS at Police Station City Raikot, District Ludhiana Rural. Learned counsel for the petitioner contends that the petitioner was not named in the FIR nor any role was attributed to him. Even it has not been alleged that the petitioner was present at the place of recovery. He next contends that Mani, co-accused, was arrested by the police and it has been alleged that during his police custody, he had nominated the petitioner as one of the co-accused. Except the said disclosure statement, there is no other legally admissible evidence against the petitioner. He also contends that the petitioner is not involved in any other criminal case under the provisions of NDPS Act. JATIN 2025.09.24 16:36 I attest to the accuracy and integrity of this document CRM-M-43881-2025 2 Notice of motion. On the asking of Court, Mr. Ravneet Joshi, DAG, Punjab accepts notice on behalf of the respondent-State and has vehemently opposed the submissions made by the learned counsel for the petitioner on the ground that one more FIR under Sections 323/325 IPC has been registered against the petitioner. List on 24.09.2025. 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 12.08.2025,, 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 12.08.2025, 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. JATIN 2025.09.24 16:36 I attest to the accuracy and integrity of this document CRM-M-43881-2025 3 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 of. (SUMEET GOEL) JUDGE 24.09.2025 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2025.09.24 16:36 I attest to the accuracy and integrity of this document