Sukhwinder Kaur @ Jyoti v. State Of Punjab
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#"::"/%'= "10!1( BPrayer in this petition under Section 482 of BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.70 dated 12.06.2025 registered at Police Station Sadar Ahmedgarh, District Malerkotla, under Sections 21/61/85 of NDPS Act.
Notice of motion. Mr. Jatinder Pal Singh, Sr. DAG, Punjab, has appeared and accepted notice on behalf of the State. Both the parties have been heard and material collected by the police during investigation has been perused. Learned counsel for the petitioner contended that petitioner was granted ad interim anticipatory bail by the Judge,
Special Court, Malerkotla vide order dated 07.07.2025 in the present FIR, as he had been nominated as an accused by one Palwinder Singh from whom 5 grams of heroin was recovered and he had nominated present petitioner as supplier. However, he could not join the investigation as per the directions issued by the Special Court as another FIR bearing No.95 dated 08.07.2025 at Police Station Sadar, Ahmedgarh was registered against him and he was apprehending arrest in that FIR as well. However, now he has been exonerated in the said FIR. Since, he could not join the investigation in the present FIR as per direction issued by the Court while granting ad interim anticipatory bail, the bail application was dismissed vide orderd dated 18.07.2025 (Annexure P4).
Learned counsel further contended that petitioner is now ready to join the investigation and abide by the conditions that may be imposed by the Court and benefit of anticipatory bail be extended in his favour. In support of his contentions, learned counsel has cited the Law Finder Doc.id# 2687409, "Sahil Joshi Vs. State of Punjab" and order dated 20.08.2025 passed by Hon'ble Supreme Court in Criminal Appeal No.3640/2025 @ SLP (Crl) No.9190/2025 titled as 'Jugraj Singh Vs. State of Punjab'. Learned counsel also cited the order dated 03.04.2025 passed by a Co-ordinate Bench of this Court in CRM-M-18403-2025 in the aforesaid case vide which bail application of aforesaid Jugraj Singh was rejected.
On the other hand, learned State counsel has opposed the prayer and argued that the name of the petitioner has emerged during investigation and disclosure statement of co-accused Palwinder Singh, has pointed towards his role in the present offence indicating his involvement in the illicit drug network
and as such, his custodial interrogation is essential to trace the source from where the contraband was arranged and other links of supply and petitioner does not deserve anticipatory bail. Admittedly, the name of the petitioner has cropped up in the disclosure statement of co-accused Palwinder Singh, from whom the alleged contraband was recovered. At this stage, there is no other material against the petitioner except disclosure statement of co-accused Palwinder Singh. In Jugraj Singh's case (supra), 5kg heroin was recovered along with a sum of Rs.17.50 lakh drug money and main accused had nominated said Jugraj Singh as the supplier and the Hon'ble Supreme Court had ordered his release on anticipatory bail observing that mere disclosure statement is not sufficient to connect him with the alleged offence. As such, it is a fit case wherein benefit of anticipatory bail should be extended.
Adjourned to 19.01.2026 for filing status report. In the meanwhile, the petitioner is directed to join the investigation and in the event of his arrest, he shall be admitted to ad-interim bail on furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions as envisaged under Section 482(2) of the BNSS [erstwhile Section 438(2) Cr.P.C.]:- i) that the petitioner shall make herself available for interrogation by a police officer as and when required; ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer;
iii)that the petitioner shall not leave India without the prior permission of the Court;
such other condition as may be imposed under sub-section
(3) of Section 480, as if the bail were granted under that section.C * D! 1'!0 $",'&!:
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