Sunil Alias Mithu v. State Of Haryana

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 25.03.2026 Sunil alias Mithu . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Vikas Bishnoi, Advocate for the petitioner(s).

Mr. P.K. Jhanda, Sr. DAG, Haryana.

**** SANJAY VASHISTH , J. (Oral) 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 here-under:- Name & age of Petitioner (s) FIR No.

Date Section(s) Police Station District Sunil alias Mithu, aged about 26 years 29.09.2025 15(b) of NDPS Act, 1985, but Bhuna Fatehabad during investigation, Section 27-A of NDPS Act, has been added 2.

In the present case, on 31.10.2025, following order was passed by this Court:- "2.

Learned counsel for the petitioner, inter alia, contends that in the present case, 950 grams of poppy husk has been recovered from the main accused, namely Vinod Kumar @ Bunti. After arrest of the said accused, his disclosure statement was recorded, on the basis of which petitioner's name has been implicated in the present case. 3.

It is further submitted that except of the said disclosure statement, which is inadmissible in the eyes of law, there is no other independent or corroborative evidence to substantiate the allegation that it was the petitioner who had supplied 950 grams of poppy husk, which is already recovered from the main accused, Vinod Kumar @ Bunti. Moreover, petitioner is ready to join the investigation and fully cooperate,

- 2 - 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 20.01.2026.

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 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 31.10.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he 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 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 31.10.2025, passed by this Court is hereby made absolute. 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.

- 3 - 7.

Accordingly, petition stands disposed of, accordingly. 8.

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. Pending misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE March 25, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No