Sahil v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 05.03.2026 SAHIL ......Petitioner

Versus

STATE OF HARYANA ......Respondent

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Ms. Ramandeep Kaur Brar, Advocate, for Mr. Monty Goyal, Advocate, for the petitioner.

Mr. Kanwar Sanjiv Kumar, AAG, 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 & age of Petitioner FIR No.

Date Section(s) Police Station District (s) Sahil, aged about 21 years 23.11.2024 21-C, 27-A, 61/85 of NDPS Act and Section 109 of BNS Sadar Tohana Fatehabad 2.

On 29.09.2025, following order was passed:- "2.

Learned counsel for the petitioner, inter alia, contends that petitioner is merely a co-villager of the main accused, Mangal Singh, who, along with his co-accused Gurdass Singh, was found in possession of 272 grams of heroin. It is submitted that petitioner is a young boy aged 21 years and has never been found involved in any similar offence in the past.

3.

Further submits that petitioner has been falsely implicated in the present case, as there is no substantive evidence connecting him to the alleged crime. During the course of investigation, the investigating agency has not collected any incriminating material such as the crediting of suspicious amounts in the petitioner's bank account or any telephonic communication between the petitioner and the co-accused. In such circumstances, prosecution's case heavily rests upon the disclosure statement alone, which by itself is insufficient to establish the petitioner's involvement. Moreover, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.

4.

Notice of motion.

5.

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 16.12.2025.

7.

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.).

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.

Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 29.09.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, she prays for confirmation of the said interim anticipatory bail order.

4.

Learned State counsel on instructions, confirms the said averment made by counsel for the petitioner of joining the investigation on 17.10.2025 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation.

5.

Heard learned counsel for the parties.

6.

Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 29.09.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.

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.

However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if he possesses, within a period of one week from today. Otherwise, he would submit an affidavit, disclosing the fact that he does not possess any passport.

It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. (SANJAY VASHISTH) JUDGE 05.03.2026 Lavisha Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO