Kulwant Singh Alias Monu v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DECIDED ON : 21.04.2025 KULWANT SINGH ALIAS MONU ......PETITIONER

VERSUS

STATE OF PUNJAB ......RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Naveen Bawa, Advocate for the petitioner.

Mr. Amandeep Singh, DAG, Punjab.

**** 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 & age of Petitioner (s) FIR No. Date Section(s) Police Station District Kulwant Singh @ Monu, aged about years 20.11.2024 22, 29 of the City Jagraon Ludhiana NDPS Act, 2.

On 28.02.2025, following order was passed:-

-2- ‚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 (s) FIR No.

Date Section(s) Police Station District Kulwant Singh @ Monu, aged about 27 years 242 20.11.2024 22, 29 of the City Jagraon Ludhiana NDPS Act, 2.

Learned counsel for the petitioner, inter alia, contends recovery in the present case is of 5 strips of Alprasafe 0.5 tablets (total 46 tablets), which have been recovered from main accused 'Veera @ Bheecha' and it is the disclosure statement of the said accused, names of other two accused namely; Jaswant Singh @ Sonu (petitioner herein) and Kulwant Singh @ Monu, have also been involved in the present case, by levelling false allegations.

Further submits that though there are two other criminal cases registered against the petitioner, but he never was found involved in similar activity. Since the burden to prove the allegations are heavily upon the prosecution, as of now, there being no other admissible evidence available with it, learned counsel prays for grant of concession of anticipatory bail to the petitioner in the present case. 3.

Notice of motion.

4.

On advance notice, learned State counsel puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite, after seeking instructions, and, in case of necessity, to file status report.

-35.

Adjourned to 21.04.2025.

6.

In the 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 be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

7. Besides, the petitioner would submit/surrender his passport before the Arresting Officer and an undertaking on oath that in case of leaving the Country, he would seek prior permission from the Investigating Agency/concerned Court.‛ 3.

Learned counsel for the petitioner contends that in compliance of the order dated 28.02.2025, passed by this Court, the petitioner has joined the investigation, and has fully co-operated. 4.

Learned State counsel has filed status report dated 20.04.2025 in the Court today and the same is taken on record. He 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 28.02.2025, passed by this Court is hereby made absolute.

-4However, 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 April 21, 2025 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No