Punjab-Haryana High Court
Neeraj Kumar vs State Of Haryana on 10 March, 2025
Author: Mahabir Singh Sindhu
Bench: Mahabir Singh Sindhu
Neutral Citation No:=2025:PHHC:033812
CRM-M-427-2025 (O&M)
207
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-427-2025 (O&M)
Date of decision: 10.03.2025
Neeraj Kumar
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present:- Mr. Sauhard Singh, Advocate for the petitioner.
Mr. Neeraj Sheoran, DAG, Haryana for the respondent.
******
MAHABIR SINGH SINDHU, J.
Present petition has been filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of
pre-arrest bail to the petitioner in FIR No.481 dated 08.12.2024 (P-1), under
Sections 21B & 29 of the Narcotic Drugs and Psychotropic Substances Act,
1985, registered at Police Station Gandhi Nagar, District Yamunanagar.
(2) Learned Counsel contends that petitioner was granted interim
protection by a Coordinate Bench, vide order dated 10.01.2025 and in
pursuance thereof, he has already joined the investigation; hence, his
custodial interrogation is not required.
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CRM-M-427-2025 (O&M)
(3) The above factual position is not disputed by learned State
Counsel, on instructions from SI Satish Kumar.
(4) Heard learned Counsel for the parties and perused the paper-
book.
(5) It transpires that petitioner was granted interim protection by a
Coordinate Bench, vide order dated 10.01.2025 and the order reads as under:-
"Apprehending his arrest in FIR No. 481 dated 08.12.2024
registered for offences punishable under Sections 21B, 29 of
NDPS Act at Police Station Gandhi Nagar, District Yamuna
Nagar; the petitioner has preferred this petition under Section
482 of BNSS seeking pre-arrest bail.
Inter-alia contends that the petitioner is sought to be
primarily implicated into the FIR in question on the basis of a
disclosure statement made by co-accused from whom the
alleged contraband (15 gms of heroin) has been recovered, the
petitioner is involved in another NDPS FIR but has been
extended the concession of anticipatory bail by this Court vide
order dated 31.05.2023 passed in CRM-M-18400 of 2023 (copy
whereof has been appended as Annexure P-2 with the instant
petition) & 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'ble Supreme Court in 'Vijay Singh versus
The State of Haryana' bearing Special Leave to Appeal (Crl.)
No(s).1266/2023', 'State by (NCB) Bengaluru vs. Pallulabid
Ahmad Arimutta & Anr' 2022(1) RCR (Criminal) 762, 'Tofan
Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592
and 'Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo
Bapu vs. State of Gujrat, Narcotics Control Bureau' 2024 INSC
290.
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Neutral Citation No:=2025:PHHC:033812
CRM-M-427-2025 (O&M)
Notice of motion.
On asking of the Court, Ms. Ankita Ahuja, AAG, Haryana
appears and accepts notice on behalf of the respondent-State.
Learned State counsel is at liberty to file a status report/
reply in the matter.
Adjourned to 05.02.2025.
The petitioner is directed to appear before the Investigating
Officer on 15.01.2025 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 BNSS, 2023."
(6) It is duly acknowledged by learned State Counsel that in
pursuance of the aforesaid order, petitioner has joined investigation and his
custodial interrogation is not required.
(7) In view of the above, there is no justification to deny the
concession of pre-arrest bail to the petitioner. Consequently, present petition
is allowed; interim order dated 10.01.2025 is made absolute subject to the
conditions as envisaged under Section 482 (2) of the BNSS.
(8) It is also made clear that petitioner shall fully co-operate with
the Investigating Officer as and when called for further investigation.
(9) The above observations be not construed as an expression of
opinion on merits of the case; rather confined only to decide the bail matter.
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CRM-M-427-2025 (O&M)
(10) It is also clarified that in case of any recurrence on the part of
petitioners, State would be at liberty to move an appropriate application for
recalling of this order.
Pending application(s), if any, shall also stand disposed off.
10th March, 2025 ( MAHABIR SINGH SINDHU )
Gagan JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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