Anticipatory bail can be granted when the accused cooperates with the investigation and is not required for further custodial interrogation.

SUMEET GOEL , J .

1. Present petition has been filed under Section 482 of BNSS , 2023 for grant of anticipatory bail to the petitioner in case bearing FIR No.197 dated 20.07.2025, registered for the offences punishable under Sections 15-C /21/61/85 of the NDPS Act , 1985, at Police Station Sadar Fazilka, District Fazilka.

2. On 03.09.2025, the following order was passed:-

“Apprehending his arrest in FIR No.197 dated 20.07.2025, registered for offences punishable under Sections 15-C /21/61/85 of the NDPS Act , 1985, at Police Station Sadar Fazilka, District Fazilka; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023 seeking 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 allegedly been recovered, & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner relies 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, 'Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu vs. State of Gujrat, Narcotics Control Bureau' 2024 INSC 290 and ' Jugraj Singh Vs. State of Haryana bearing Special Leave to Appeal (Crl.)

No.9190/2025.

Notice of motion.

On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG Punjab has entered appearance on behalf of the respondent-State of Punjab.

Adjourned to 01.10.2025.

The petitioner is directed to appear before the Investigating Officer on 09.09.2025 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 Bharatiya Nagarik Suraksha Sanhita , 2023.”

3. Learned State counsel (on instructions) has submitted that the petitioner has joined investigation and he is not required for further custodial interrogation.

4. In view of the stance of the State, especially the factum of the petitioner having joined investigation and he being arrayed as an accused on the basis of disclosure statement, this Court is inclined to confirm the order dated 03.09.2025, in light of the dicta of the judgment passed by this Court in CRM-M-54032-2024 ‘Ashu Vs. State of Punjab’ and recent judgment of the Hon’ble Supreme Court passed in ‘Jugraj Singh Vs. State of Punjab’

bearing Special Leave to Appeal (Crl.) No.9190/2025

5. Accordingly, the petition is allowed and the order dated 03.09.2025, granting 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 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 condit