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High Court of Punjab and HaryanaCRM-M/52529/2025allowed

Gurjant Singh v. State Of Haryana

2025-11-03Mr. Justice Aman Chaudhary2 pages

CRM-M-52529-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-52529-2025 (O&M) Date of decision: 03.11.2025 GURJANT SINGH ....Petitioner

Versus

STATE OF HARYANA

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Rahul Sharma, Advocate for the petitioner.

Mr. B.S. Saroha, DAG, Haryana.

***** AMAN CHAUDHARY. J.

1.

Prayer in the present petition filed under Section 482 BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.128 dated 20.03.2025, registered under Sections 21(C) of NDPS Act, 1985, at Police Station City Hisar, District Hisar.

2.

Status report has been filed by learned State counsel is taken on record.

3.

On 17.09.2025, this Court had passed the following order:- "Learned counsel submits that the petitioner alleges false implication. His name surfaced in the disclosure statement of coaccused Sahilpreet @ Rahul, who was apprehended at the spot and 261 grams of heroin were recovered from two polythene and is in custody. In this regard, reliance is placed on the judgment passed by Hon'ble The Supreme Court in the case of Tofan Singh vs. State of Tamil Nadu, 2021 (1) RCR (Crl.) 1. No recovery has been effected from him and he is not involved in any case. The petitioner is ready and willing to join the investigation as and when required by the investigating agency and will cooperate.

Notice of motion.

VISHAL VARDHAN 2025.10.29 18:07 I attest to the accuracy and integrity of this document

CRM-M-52529-2025 (O&M) -2At the asking of the Court, Mr. B.S. Saroha, DAG Haryana accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 30.09.2025. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 482 (2) BNSS.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 03.11.2025."

4.

Learned counsel submits that in pursuance to the order dated 17.09.2025 passed by this Court, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

5.

Learned State counsel on instructions from ASI Jagdish Kumar affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 6.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioners are allowed and the order dated 17.09.2025 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr.P.C. (now 482(2) of BNSS, 2023).

7.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

(AMAN CHAUDHARY) JUDGE 03.11.2025 Vishal Vardhan Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No VISHAL VARDHAN 2025.10.29 18:07 I attest to the accuracy and integrity of this document