Vinod Kumar v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-11350-2024 (O&M) Date of Decision:-1.8.2024 Vinod Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Manvinder Sidhu, Advocate for the petitioner. Mr. Vishal Kashyap, DAG, Haryana.

***** FIR No.

Dated Police Station Section/s 3.1.2024 Sadar Dabwali, District Sirsa 21(b), 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 GURVINDER SINGH GILL, J. (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR. 2.

At the time of issuance of notice of motion, the following order was passed on 4.3.2024:

"The petitioner seeks grant of anticipatory bail in respect of a case registered against him vide FIR No. 06, dated 03.01.2024, Police Station Sadar Dabwali, District Sirsa, under Sections 21(b) and 29 of NDPS Act.

It is the case of prosecution that on 03.01.2024 Sahab Singh, Yadwinder Singh and Chander Bhan were apprehended by the Pankaj Kakkar 2024.08.01 16:11 I attest to the accuracy and authenticity of this document

CRM-M-11350-2024 (O&M) ( 2 ) police and 20 grams of 'Heroin' was recovered from the dashboard of the car, in which they were travelling. It is further the case of prosecution that during the course of interrogation they disclosed that they had procured the same from the petitioner as well as from Ashwani.

It has been submitted that the petitioner was never ever present at the spot and has been nominated simply on the basis of disclosure statement, the evidentiary value of which would be debatable. Notice of motion for 01.08.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from the Investigating Officer, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation. 4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the instant petition is accepted and the interim directions issued by this Court vide order dated 4.3.2024 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 1.8.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.08.01 16:11 I attest to the accuracy and authenticity of this document