Mamta v. State Of Haryana

      



 

  

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%(%.5  6*7 "Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No. 355 dated 12.07.2025 registered under Sections 15(b), 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 of the NDPS Act added later on) at Police Station Rania, District Sirsa. Brief facts as per the prosecution case are that on 11.7.2025, S.I. Naresh Kumar along with the police party while on patrolling duty, on suspicion, apprehended one person, namely, Shanker Lal alias Sethi, who was found in conscious possession of 10 Kilo 210 gram Doda Chura Doda Post. On the disclosure statement of said Shanker Lal alias Sethi, the petitioner was arrested.

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner was neither present at the spot, nor was named in the FIR and she has no concern with the said incident. It has also been contended that the petitioner has been nominated as an accused only on the basis of the disclosure statement made by co-accused Shanker Lal alias Sethi. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that disclosure

statement of the co-accused during her custodial interrogation is not admissible. He submits that the co-accused Shanker Lal alias Sethi has already been granted bail by the trial Court and the co-accused Vinod has been granted interim bail by this Court. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency.

Notice of motion.

On asking of the Court, Mr. Mohit Chaudhary, AAG, Haryana, accepts notice on behalf of respondent-State and seeks time to file status report in the matter.

Adjourned to 12.12.2025.

In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under Section s482(2) of BNSS, 2023."

3.

Learned counsel submits that in pursuance of the aforementioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, she shall make herself available without demur.

4.

Learned State counsel on instructions from ASI Sandeep affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 4.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 28.11.2025 granting interim bail to her, is hereby made absolute, subject to compliance of conditions as specified under Section 482(2) of BNSS, 2023.

5.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present

anticipatory bail granted to her.

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