Punjab-Haryana High Court
Mandeep Kumar vs State Of Haryana on 30 April, 2026
CRM-
CRM-M-16257-
16257-2026 1
204
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-
CRM-M-16257-
16257-2026
Mandeep Kumar
....Petitioner
versus
State of Haryana
....Respondent
Date of Decision: April 30,
30, 2026
2026
Date of Uploading: April 30, 2026
CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present:
Present None for the petitioner.
Ms. Priyanka Sadar Thakur, Senior DAG Haryana.
*****
SUMEET GOEL,
GOEL, J. (ORAL)
Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of concession of anticipatory bail to the petitioner petitioner, in case FIR No.102 dated 07.03.2026, registered for offences fences punishable under Section 21(b) of the NDPS Act, 1985 (Section 27-A 27 A of the NDPS Act added later on), at Police Station City Fatehabad.
2. On 25.03.2026, the following order was passed:
"Apprehending his arrest in FIR No.102 dated 07.03.2026, registered for offences punishable under Section 21(b) of the NDPS Act, 1985 (Section 27-A A of the NDPS Act added later on), at Police Station City Fatehabad; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre pre-arrest bail.
Inter alia, contends that the petitioner is sought to be implicated into the FIR in question solely on the basis of a disclosure statement made by co-accused from whom the contraband in question has been allegedly recovered & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments of the Hon'b Hon'ble le Supreme Court in 'Vijay Singh versus The State of Haryana' bearing MAHAVIR SINGH 2026.04.30 16:14 I attest to the accuracy and authenticity of this order/ judgment CRM-
CRM-M-16257- 16257-2026 2 No(s).1266/2023, 'State by (NCB) Special Leave to Appeal (Crl.) No(s).1266/2023 Bengaluru vs. Pallulabid Ahmad Arimutta & Anr' 2022(1) RCR (Criminal) 762, 'Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme 5592, 'Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu Court 5592 vs. State of Gujrat, Narcotics Control Bureau' 2024 INSC 290 and 'Jugraj Jugraj Singh Vs. State of Haryana bearing Special Leave to Appeal (Crl.) No.9190/2025.No.9190/2025
Notice of motion.
On the strength of advance notice; Ms. Mahima Yashpal Singla, Senior DAG Haryana causes appearance and accepts notice on behalf of the respondent - State of Haryana.
Put up on 30.04.2026 30.04.2026.
The petitioner is directed to appear before the Investigating Officer on 01.04.2026 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023."
3. Learned State counsel (on instructions) has submitted that pursuant to the order dated 25.03.2026, the petitioner has joined investigation and his custodial interrogation is not required.
4. Keeping in view the factual milieu of the case in hand; especially the factum of the petitioner having joined investigation, he is not required for custodial interrogation, and he being arrayed as an accused on the basis of disclosure statement; this Court is inclined to confirm the order dated 25.03.2026, in light of the dicta of judgment passed by this Court in CRM--M-54032 CRM 54032--2024 'Ashu Vs. State of Punjab' and the judgment passed by the Hon'ble Supreme Court in 'Jugraj Singh Vs. State of Haryana bearing Special Leave to Appeal (Crl.) No.9190/2025.
5. Accordingly, the petition is allowed, allowed and the order dated 25.03.2026 granting interim anticipatory bail to the petitioner is hereby made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS.
6. This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be MAHAVIR SINGH 2026.04.30 16:14 I attest to the accuracy and authenticity of this order/ judgment CRM-
CRM-M-16257- 16257-2026 3 confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.
7. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.
8. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case.
9. Pending application(s), if any, shall also stand disposed of.
(SUMEET GOEL)
JUDGE
April 30, 2026
mahavir
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
MAHAVIR SINGH
2026.04.30 16:14
I attest to the accuracy and
authenticity of this order/ judgment