Vishnu v. State Of Haryana

CRM-M-58988-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-58988-2025 Date of decision: 16.01.2026 Vishnu ......Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY

Present:

Mr. Imtiyaz Hussain, Advocate for the applicant-petitioner. Mr. Armaan Dahiya, AAG, Haryana.

AARADHNA SAWHNEY , J (ORAL) 1.

This order shall dispose of present petition for grant of anticipatory bail filed by the petitioner, an accused in case FIR No.269 dated 16.09.2025 under Sections 21(b),61 of NDPS Act registered at P.S Gadpuri, District Palwal. 2.

Learned State counsel, on instructions from SI Sunil Kumar, submits that the petitioner has disclosed the names of concerned persons from whom he had allegedly purchased the contraband. He is not further required for custodial interrogation.

4.

On 17.10.2025, following order was passed by this Court: "Petitioner, an accused in case FIR No.269 dated 16.09.2025 registered against him, for commission of offences punishable under Section 21(b), 61 and 85 of the NDPS Act at Police Station Gadpuri, District Palwal, has prayed for grant of pre-arrest bail. Learned counsel submits that the petitioner has been falsely implicated in the present case as his name was nominated on the basis of disclosure statement of co-accused, who was allegedly caught red handed at the site keeping in his illegal possession 7.64 grams of Heroin ('Intermediate Quantity'). Learned counsel further submits that said disclosure statement, in the absence of recovery of any other incriminating material, is not admissible in evidence. Learned counsel further submits that petitioner is willing to join the investigation as and when called for by the IO. Notice of MANOJ KUMAR 2026.01.18 00:39 I attest to the accuracy and authenticity of this order motion. Ms. Shweta Nahata, DAG, Haryana, accepts notice on behalf of

CRM-M-58988-2025 respondent-State. Learned State counsel opposes the request for grant of prearrest bail on the ground that petitioner is a person of questionable past antecedents; being involved in 2 other cases pertaining to NDPS. On a query raised by this Court, learned State counsel was not sure as to whether in aforesaid 2 NDPS matters, petitioner had been arrayed on the basis of disclosure statement. However, she reserves her right to file a detailed status report mentioning the entire facts. Adjourned to 28.11.2025. Needful be done well before the date fixed with an advance copy to the counsel opposite.

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.)." 6.

Keeping in view the above submissions advanced by learned counsel for the petitioner as also the fact that the petitioner has joined the investigation, interim bail granted vide order dated 17.10.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) BNSS. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. 7.

The petition stands allowed.

16.01.2026 ( AARADHNA SAWHNEY ) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2026.01.18 00:39 I attest to the accuracy and authenticity of this order