Rakesh v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on: 01.05.2025 RAKESH ......Petitioner
Versus
STATE OF HARYANA ......Respondent
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH
Present:
Mr. Chakitan Vikram Shekhar Papta, Advocate, for the petitioner.
Mr. Surender Singh Pannu, Addl. AG, 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 & FIR Date Section(s) Police Station District age of Petitioner No.
(s) Rakesh, aged about 44 years 18.12.2024 18 of the NDPS Act, Chandimandir Panchkula 2.
On 01.03.2025, following order was passed:- 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 & age of Petitioner FIR No.
Date Section( Police Station District s) (s)
Rakesh, aged about 44 years 18.12.2024 18 of the NDPS Act, Chandimandir Panchkula 2.
Learned counsel for the petitioner, inter alia, contends that vide order dated 04.02.2025, petitioner was granted ad-interim anticipatory bail, with the direction to join the investigation. However, due to the illness of his wife, said direction was not complied with, and instead of granting another opportunity, learned Court below has declined the prayer of the anticipatory bail made by the petitioner. Thus, present petition has been filed by the petitioner before this Court.
3.
Notice of motion.
4.
On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.
6.
Adjourned to 01.05.2025.
7.
In the meanwhile, the petitioner is directed to join the investigation, once again, 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 be 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 that he does not possess any passport.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court."
3.
Learned counsel for the petitioner contends that in compliance of the order dated 01.03.2025, passed by this Court, the petitioner has joined the investigation, and has fully co-operated. 4.
Learned State counsel, confirms the said averment and submits that the custodial interrogation of the petitioner would not be required now for the purpose of investigation.
5.
Heard learned counsel for the parties.
6.
Since the petitioner has joined the investigation, custodial interrogation is no more required, present petition is allowed and adinterim order dated 01.03.2025, passed by this Court is hereby made absolute.
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.
Accordingly, petition stands disposed of.
(SANJAY VASHISTH) JUDGE 01.05.2025 Lavisha Whether Speaking/Reasoned:
YES/NO Whether Reportable:
YES/NO