Partap Singh @ Gora Fouji vs State Of Punjab
2026 Latest Caselaw 2599 P&H

Punjab-Haryana High Court

Partap Singh @ Gora Fouji vs State Of Punjab on 17 March, 2026

CRM-M-72826-2025                                                               1

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH
117
                                                CRM-M-72826-2025
                                               Decided on: 17.03.2026
Partap Singh @ Gora Fouji                                        ......Petitioner

                                         Versus
State of Punjab                                                 ......Respondent

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present:     Mr. Joginder Pal Devgan, 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 & age of FIR Date Section(s) Police District Petitioner (s) No. Station Partap Singh 73 14.08.2025 21(b), 27, 29 Sadar Sri alias Gora, (added later on) Malout Muktsar aged 56 years of NDPS Act Sahib

2. On 23.12.2025, following order was passed:-

"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 & age of FIR Date Section(s) Police District Petitioner (s) No. Station Partap Singh 73 14.08.2025 21(b), 27, Sadar Sri Muktsar alias Gora, aged 29 (added Malout Sahib 56 years later on) of NDPS Act

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2. Learned counsel for the petitioner, inter alia, contends that as per the allegations in the FIR, during police patrolling, two of the accused, namely Gurpreet Singh and Harpal Singh, were apprehended and from their possession, 151 grams of heroin was allegedly recovered. After their arrest and registration of the FIR, disclosure statements of both the arrested accused were recorded on 15.08.2025, wherein it was alleged that the recovered heroin had been purchased by them from the petitioner.

3. Learned counsel for the petitioner submits that, apart from the aforesaid disclosure statements, there is no independent or corroborative material available with the prosecution to connect the petitioner with the alleged recovery. It is further submitted that petitioner is ready and willing to join the investigation and to fully cooperate with the investigating agency, provided he is protected from arrest by this Court. Thus, counsel prays for grant of concession of anticipatory bail to the petitioner in the present case.

4. Notice of motion.

5. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.

6. Adjourned to 17.03.2026.

7. 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 ad-interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

8. 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.

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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 submits that in compliance with the order dated 23.12.2025

passed by this Court, petitioner has joined the investigation and has

extended full cooperation. He, therefore, prays for confirmation of the

interim anticipatory bail order.

4. Learned State counsel has filed status report by way of

affidavit of Naveenpal Singh Lehal, PPS, Deputy Superintendent of

Police, Sub Division Malout, District Sri Muktsar Sahib, in Court today.

Same is taken on record. Registry is directed to tag the same at

appropriate place with the paper-book.

Learned State counsel on instruction from HC Kushwant

Singh, submits that in pursuance of the directions issued by this Court,

petitioner has joined the investigation and as of now, his custodial

interrogation is not required.

5. I have heard learned counsel for the parties and perused the

paper-book.

6. Since, petitioner has already joined the investigation and

custodial interrogation is no more required; ad-interim bail order dated

23.12.2025, passed by this Court is hereby made absolute. Accordingly,

present petition is allowed.

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It is made clear that 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. However, it is clarified that in case the passport or an

affidavit regarding non-possession of a passport, if he does not possess

one, is not submitted to the Investigating Agency or the Court concerned

within a period of two weeks from today, the present order shall be

deemed to be inoperative and the Investigating Officer shall be at liberty

to proceed with the arrest of the petitioner.

8. Accordingly, petition stands disposed of.

(SANJAY VASHISTH) JUDGE 17.03.2026 Rashmi Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO

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