Dayanand v. State Of Haryana
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M No. 26126 of 2022 Date of Decision: 15.06.2022 Dayanand .......... Petitioner
Versus
State of Haryana .......... Respondent CORAM: HON'BLE MR. JUSTICE M.S. RAMACHANDRA RAO
Present:
Mr. Ramender Chauhan, Advocate for the petitioner.
Mr. Gurmeet Singh, Assistant Advocate General, Haryana **** M.S. RAMACHANDRA RAO , J. (ORAL) The petitioner is seeking anticipatory bail in FIR No. 88 dated 01.05.2022 for an offence punishable under Section 18 of the NDPS Act, registered at Police Station Jhojhu Kalan, District Charkhi Dadri. The contents of the FIR indicate that a person by name Shahid Hussain was detained on suspicion and he was found to be in possession of opium weighing about 206 grams and he made a disclosure statement stating that the 250 grams of opium was sold to the petitioner by him. Notice of motion was issued vide order dated 09.06.2022, but no status report has been filed.
However, the learned State Counsel contends that only on the basis of the disclosure statement of the said Shahid Hussain, the petitioner is sought to be roped in. It is also stated that the petitioner was earlier an accused in an offence under the IPC, but he stands acquitted in that case. In view of the above, the petitioner is directed to appear before the SHO/Investigating Officer to join investigation and in the event DINESH KUMAR 2022.06.16 18:41 I attest to the accuracy and authenticity of this document
CRM-M No. 26126 of 2022 -2of his arrest, he shall be released on bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 438(2) Cr.P.C.:- (i) that the petitioner shall make himself available for interrogation before the investigating officer as and when required;
(ii) that the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade them from disclosing such facts to the Court or to any police officer;
(iii) that the petitioner shall not leave the country without prior permission of the Court and shall surrender his passport, if any.
The petition is allowed accordingly.
June 15, 2022 ( M.S. RAMACHANDRA RAO ) 'dk kamra'
JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.06.16 18:41 I attest to the accuracy and authenticity of this document