Bharat v. State Of Haryana

  

       

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(By this petition, filed under the provisions of Section 438 of the Cr.P.C, the petitioner seeks the concession of anticipatory bail, upon FIR no.292, dated 18.09.2020, having been registered at Police Station Agroha, District Hisar, alleging therein the commission of an offence punishable under Section 18 of the NDPS Act, 1985.

Learned counsel for the petitioner submits that even the person arrested at the spot allegedly with 130 grams of opium, i.e. Amit Kumar, was admitted to bail by this court vide an order passed on 24.11.2020 in CRM-M-33648 of 2020.

He submits that it is upon only an alleged disclosure statement made by the aforesaid Amit Kumar, that the petitioner has been arraigned as an accused and now his house has been raided time and again by the police to arrest him.

Notice of motion is issued, with Mr. B.S.


 Virk, learned DAG, Haryana, accepting notice on behalf of the respondent State, on the asking of the court. He submits that as per his instructions the petitioner has been named in a disclosure statement made by the aforesaid Amit Kumar, with the quantity allegedly recovered from Amit Kumar however being below commercial quantity.

Upon further query to learned State counsel, he again submits on instructions, that there is no other criminal case registered against the petitioner. Adjourned to 23.03.2021.

Without making any comment on the merits of the case, the petitioner is directed to join investigation within a week and upon his doing so, in case he is sought to be arrested, he would be admitted to interim bail, on his furnishing adequate bail and surety bonds to the satisfaction of the arresting officer/Illaqa Magistrate. He shall abide by the conditions stipulated in Section 438(2) of the Cr.P.C.
    

     

  

    

 

 



               


      

   

             

   

 



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Pursuant to the order dated 08.02.2021, learned State counsel submits, on instruction, that though the petitioner has joined investigation, he is not co-operating in the matter.

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