Suman Bala v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: 03.12.2025 Suman Bala ......Petitioner

Versus

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

Present:

Mr. Hitesh Chopra, Advocate and Mr. Amit Kumar, Advocate for the petitioner.

Mr. Gautam Thapar, Sr. DAG, Punjab.

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.279 dated 16.09.2025 registered against him under Sections 24,29 of NDPS Act, 1985 at P.S Civil Line, Batala, District Gurdaspur.

2.

Status report by way of affidavit of Sanjeev Kumar, DSP, Sub Division, City Batala, Police District Batala filed on behalf of respondent-State in Court today is taken on record. In para 8 of the report, factum of the petitioner having joined investigation stands mentioned. Previous antecedents of the petitioner have also been highlighted in para 7. As per information collected, the petitioner is involved in three other criminal cases at the same Police Station. In the present case, admittedly, the petitioner was not arrested at the site. His name cropped up in the disclosure statement of Pawan, who was caught red handed with the alleged contraband.

3.

Heard.

4.

On 30.10.2025, following order was passed by this Court: " Petitioner, an accused in case FIR No.279 dated 16.09.2025 registered against him, u/s 24/29 of the NDPS Act, 1985, at Police Station Civil Line, Batala, District Gurdaspur, has filed the petition for grant of prearrest bail under Section 482 of BNSS. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, purely on the basis of the disclosure statement of co-accused Pawan @ Pamma, who was allegedly caught red handed for keeping in his illegal possession 05.33 grams of heroin (intermediate quantity). Learned counsel submits that the said disclosure statement is not admissible in evidence.

Continuing further learned counsel submits that police officials have falsely implicated the present petitioner in other two FIRs of same nature, which were lodged in the same police station, wherein also the petitioner was nominated on the basis of the disclosure statement. Learned counsel further submits that petitioner is willing to join the petition as and when called for. Notice of motion.

Mr. Kamalpreet Bawa, DAG, Punjab appears and accepts notice on behalf of the State. He requests for a short adjournment to file a detailed status report.

In view of the submission advanced by learned counsel for the petitioner, but without expressing any opinion on the merits of the case, the petitioner is hereby directed to join investigation within seven days from today and co-operate in the same. In the event of the arrest of the petitioner, he shall be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 482(2) BNSS. Adjourned to 03.12.2025.

Status report be filed on or before the next date of hearing with an advance copy to the opposite counsel."

5.

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 30.10.2025 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; she will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. 6.

The petition stands allowed.

03.12.2025 ( AARADHNA SAWHNEY ) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No