Kavia v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-4057-2026 Decided on: 28.04.2026 Kavia ......Petitioner

Versus

State of Punjab ......Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Jagmeet Singh Moudgil, Advocate for the petitioner.

Mr. Vinay Malhotra, AAG, Haryana.

**** SANJAY VASHISTH, J.

1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, 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 Kavia, aged about 20 years 17.11.2025 22/29/61/85 of NDPS Act Ghagga Patiala 2.

On 27.01.2026, following order was passed:- "1.

XXXX 2.

As per the allegations in the FIR, accused Khushpreet Singh, while holding a polythene bag in his right hand, was apprehended and from the said polythene bag, 300 red/white coloured narcotic capsules were recovered. It is further alleged that on seeing the police party, the named accused, Khushpreet Singh, threw the polythene bag, and thereafter, the recovery was effected during the search.

3.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case, subsequent to the registration of the FIR, merely on the basis of the disclosure statement of accused

Khushpreet Singh, wherein it is alleged that the recovered capsules were delivered to him by the petitioner. It is further submitted that apart from the disclosure statement, there is no other incriminating evidence available with the prosecution against the petitioner, and such statement, in any event, is inadmissible in law. Moreover, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, counsel prays for grant of concession of anticipatory bail to the petitioner in the present case.

4.

Notice of motion.

5.

On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.

Adjourned to 28.04.2026.

7.

Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact tha he does not possess any passport.

It is also directed that before leaving country any time durir trial, petitioner would seek prior permission of the Court." 3.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 27.01.2026, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.

4.

Learned State counsel on instructions from ASI Butta Singh, confirms the said averment made by counsel for the petitioner of joining the investigation on 21.02.2026 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

5.

Heard learned counsel for the parties.

6.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 27.01.2026, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

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.

7.

Besides, it is directed that petitioner would hand over her passport to the Investigating Agency or to Court concerned, if she possesses. Otherwise, would submit an affidavit, disclosing the fact that she does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of this Court. 8.

Accordingly, petition stands disposed of.

(SANJAY VASHISTH) JUDGE 29.04.2026 Poonam Whether Speaking/Reasoned: YES/NO Whether Reportable:

YES/NO