Bikramjit Singh @ Bikkar vs State Of Punjab
2023 Latest Caselaw 14840 P&H

SANDEEP GROVER
2023.09.01 14:57

CRM-M No.43406 of 2023 (O&M) 2023: PHHC:114592

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
101
CRM-M No.43406 of 2023 (O&M)
DATE OF DECISION: 01* SEPTEMBER, 2023

Bikramjit Singh @ Bikkar
.... Petitioner
Versus

State of Punjab
.... Respondent

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present: Ms. Kuljit Kaur, Advocate for the petitioner.

3K OK Ok 2
RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under

Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.22 dated 01.05.2023 registered under Sections 21/29-61 of NDPS Act, 1985, at Police Station Mehta, District Amritsar, Punjab.

2. It is submitted by learned counsel for the petitioner that the case against the petitioner is totally concocted and fabricated. The petitioner is not involved in the crime as alleged against him. Even as per the case of the prosecution, the name of the petitioner is sought to be involved in the case only on the basis of alleged disclosure statement made by co-accused, from whom 11 grams of heroin is alleged to have been recovered. However, except the alleged disclosure statement of the co-accused, the police have not been able to collect any material to connect the petitioner to the alleged crime. There is no other case against the petitioner under the NDPS Act. The petitioner is ready to join the

investigation as and when called by the police.

| attest to the accuracy and integrity of this order/judgment. -l-

CRM-M No.43406 of 2023 (O&M) 2023: PHHC:114592

3. Notice of motion.

4. Mr. Sandeep, Additional Advocate General, Punjab, accepts notice on behalf of the State.

5. Learned State Counsel, being instructed by ASI Karam Singh, has submitted that the name of the petitioner has duly surfaced in the statement of the co-accused from whom 11 grams of heroin has been recovered. Therefore, the custodial interrogation of the petitioner is required; so as to find the magnitude of the involvement of the petitioner in the drug peddling. However, it is not disputed by learned State counsel that except the disclosure statement of the co-accused, there is no other material to connect the petitioner to the alleged crime and that there is no other case against the petitioner under the NDPS Act.

6. In view of the above, but without commenting upon merits of the case, the present petition is allowed. The petitioner is granted concession of anticipatory bail. Therefore, it is directed that in case of his arrest, the petitioner shall be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of Arresting/Investigating Officer. However, it is further directed that the petitioner shall join the investigation as and when called upon to do so and shall abide by the

conditions as provided under Section 438(2) Cr.P.C.

01 SEPTEMBER, 2023 (RAJBIR SEHRAWAT) 'sandeep' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

SANDEEP GROVER

2023.09.01 14:57

| attest to the accuracy and

integrity of this order/judgment. -2-