Citation : 2026 Latest Caselaw 2555 P&H
Judgement Date : 16 March, 2026
CRM-M-37476-2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
109
CRM-M-37476-2025
Decided on: 16.03.2026
KULWINDER SINGH ALIAS BHULLAR
......Petitioner
Versus
STATE OF PUNJAB
......Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Ms. Swati Verma, Advocate,
for the petitioner.
Mr. Vinay Malhotra, DAG, Punjab.
****
SANJAY VASHISTH, J.
1. Prayer in this petition, filed under Section 482 of the BNSS,
2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the
petitioner, who has been booked in a criminal case arising out of First
Information Report, as detailed hereunder:-
Name of FIR Date Section(s) Police District Petitioner (s) No. Station Kulwinder 0034 26.03.2025 21(C), 29 of Ramdas Amritsar Rural Singh alias NDPS Act Bhullar, aged about 19 years
2. On 21.07.2025, following order was passed:-
"2. Learned counsel for the petitioner contends that four main accused, namely (i) Gurpreet Singh, (ii) Rajan, (iii) Bhagwan Singh, and (iv) Bhupinder Singh, have already been arrested, and recovery of 1.544 kilograms of heroin has been effected from their possession. Counsel submits that the name of the petitioner, Kulwinder Singh @ Bhullar, aged 19 years, has been implicated solely on the basis of a disclosure statement made by co-accused Gurpreet Singh. It is
further submitted that apart from the said disclosure statement, there is no other corroborative evidence connecting the petitioner with the alleged offence.
Counsel argues that the petitioner has only recently commenced his college education and is in the process of building his future. He is completely unaware of the alleged contraband and has been falsely implicated in the present case. Subjecting him to custodial interrogation without first ascertaining the actual facts would be unjust and unnecessary. Counsel submits that petitioner is ready and willing to cooperate with the investigation and to join the same as and when required. Accordingly, she prays for the grant of anticipatory bail.
3. Notice of motion.
4. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab puts in appearance on behalf of the respondent - State. Learned State Counsel would verify the antecedents of the four already arrested accused, along with those of the present petitioner
5. Adjourned to 28.10.2025.
6. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, the petitioner shall be released on interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
7. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court."
3. Continuing his submissions, learned counsel for the
petitioner contends that in compliance of the order dated 21.07.2025,
passed by this Court, petitioner has joined the investigation, and has fully
co-operated. Therefore, he prays for confirmation of the said interim
anticipatory bail order.
4. Learned State counsel on instructions from ASI Nirmal
Singh, confirms the said averment made by counsel for the petitioner of
joining the investigation by the petitioner, and submits that as of now,
custodial interrogation of the petitioner is not required for the purpose of
investigation.
5. Heard learned counsel for the parties.
6. Since, petitioner has already joined the investigation and
custodial interrogation is no more required; ad-interim bail order dated
21.07.2025, passed by this Court is hereby made absolute. Accordingly,
present petition is allowed.
However, petitioner shall continue to join the investigation
as and when required to do so and abide by all the terms and conditions
laid down under Section 482(2) of BNSS, 2023.
7. Accordingly, petition stands disposed of.
However, present order would be subject to the submission
of passport of the petitioner to the Investigating Agency or to Court
concerned, if he possesses, within a period of one week from today.
Otherwise, he would submit an affidavit, disclosing the fact that he does
not possess any passport.
It is clarified that in case, aforesaid condition is not complied
with, this order would be considered as non est automatically.
(SANJAY VASHISTH) JUDGE 16.03.2026 Lavisha
Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO
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