CRM-M-34353-2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 204 CRM-M-34353-2026 Date of Decision: 10.07.2026 GULSHAN KUMAR ......Petitioner Vs. STATE OF HARYANA .....Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Sagar Sharma, Advocate for the petitioner. Mr. Birender Bikram Attrey, Addl. A.G. Haryana. SANJAY VASHISTH J. (Oral) 1. Petitioner - Gulshan Kumar, aged 48 years, has filed the instant petition under Section 482 of B.N.S.S, 2023 (438 Cr.P.C.) for grant of anticipatory bail, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner (s) FIR No. Date Section(s) Police Station District Gulshan Kumar 0110 03.06.2026 22(C) NDPS Act and Section 29 of NDPS Act (added later on) Chhapar Yamunanagar 2. As per the case of prosecution, when police team was on patrolling duty, one special informant came present and informed about main accused - Ravi Kumar that he would be coming on BAJAJ CT 100 motor cycle No.HR 02 AJ 8432 and if trap is laid, he can be apprehended with huge quantity of narcotic drugs. In the process, trap was laid and POONAM RANI 2026.07.13 19:14 I attest to the accuracy and integrity of this document CRM-M-34353-2026 -2- thereupon recovery of 482 gm. of Tramadol capsules was effected from his possession. 3. Learned counsel for the petitioner argues that after registration of FIR, accused-Ravi Kumar was arrested on 03.06.2026 and through his disclosure statement accused-Ram Kumar was arrested on 04.06.2026 and during investigation, another accused, namely, Gulshan Kumar (petitioner herein) was also nominated in the present case. Thus, only on the basis of disclosure statement of a co-accused, petitioner was nominated as an accused with the allegation of supplying the said contraband to his co- accused. 4. Learned counsel further argues that except of the disclosure statement, there is no other evidence collected during investigation. The financial transaction, if any, is for the reason that petitioner is running a shop of household articles in the same village but has no connection with the sale of narcotic drugs or any other medicines. Therefore, counsel argues that petitioner be granted concession of anticipatory bail in the present case. 5. On the other hand learned State counsel while opposing the contention submits that the financial transactions corroborate the contents of the disclosure statement, therefore, there being ample evidence, accused is not entitled for any concessional relief. 6. I have heard learned counsel for the parties and perused the paper book along with the status report. 7. On being asked by the Court, learned Addl. A.G. could not point out if petitioner, who is 49 years of age, was ever found involved in POONAM RANI 2026.07.13 19:14 I attest to the accuracy and integrity of this document CRM-M-34353-2026 -3- any other similar activity in his past career. Therefore, his actual involvement if any in the present case, would be seen after examining the evidence before the trial Court. Only on the basis of the disclosure statement or the bank transaction with co-accused, Ram Kumar, no definite view about the guilt of accused can be taken at this stage. 8. Accordingly, present petition is allowed. 9. Petitioner is directed to join the investigation within two weeks from today or as and when called by the Investigating Officer concerned. In the event of his arrest, petitioner shall be released on bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. Petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023. 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. 10. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possess. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. 11. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 10.07.2026 (SANJAY VASHISTH) P. Seth JUDGE Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No POONAM RANI 2026.07.13 19:14 I attest to the accuracy and integrity of this document