IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SAHIL – Appellant
Versus
STATE OF HARYANA – Respondent
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-3684-2026 Date of decision: 24.03.2026 SAHIL ….Petitioner Versus STATE OF HARYANA ....Respondent CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Mohan Singh Chauhan, Advocate for the petitioner.
Mr. Mohit Chaudhary, AAG Haryana.
..…
RUPINDERJIT CHAHAL, J. (ORAL)
1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.05 dated 03.01.2026 under Sections 21 & 29 (added later on) of the NDPS Act registered at Police Station Ambala Cantt., District Ambala.
2. On 23.01.2026, following order had been passed: - “ The present petition has been filed under Section 482 BNSS, 2023 for the grant of anticipatory bail to the petitioner in case registered against him vide FIR No.05 dated 03.01.2026 under Sections 21 & 29 (added later on) NDPS Act at Police Station Ambala Cantt. District Ambala, Haryana.
The learned counsel for the petitioner inter alia contends that the petitioner has been named in the disclosure statement of his co-accused. Other than that there is no corroborative additional evidence available against him. Reliance is placed on the order in ‘Vijay Singh versus The State of Haryana, bearing Special Leave to Appeal (Crl.) No(s).1266/2023 decided on
17.05.2023’, which is reproduced as under:-
“The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act". His application for anticipatory bail was rejected by the High Court. The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda Post) was recovered from the co-accused. The petitioner concededly was not present at the spot but was named by the co- accused. That apart there is no other material to implicate the petitioner. The prosecution urges that another case with allegations of commission of offence under the NDPS Act are pending against the petitioner. It is not denied that in those proceedings he was granted bail.
Having regard to these circumstances, the petitioner is directed to the enlarged on anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is allowed. All pending applications are disposed of.”
Notice of motion.
Mr. Viney Phogat, DAG, Haryana, present in the Court, accepts notice on behalf of the State.
Adjourned to 23.02.2026.
In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer to join investigation and in the event of his arrest, he shall be released on bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 438(2) Cr.P.C.:-
(i) that the petitioner shall make himself available for interrogation before the investigating officer as and when required;
(ii) that the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him/her from disclosing such facts to the Court or to any police officer;
(iii) that the petitioner shall not leave the country without prior permission of the Court and shall surrender his passport, if any.
Meanwhile, the State is directed to file an affidavit/reply as to the exact role of the petitioner and his co-accused alongwith the details of pending FIRs, if any, on or before the next date of hearing.”
3. Learned counsel for the petitioner submits that in compliance of the order dated 23.01.2026 passed by a Co-ordinate Bench of this Court, the petitioner has joined the investigation. He has further argued that there is no connection between the petitioner and co-accused and the petitioner is sought to be implicated only on the basis of disclosure statement.
4. Learned counsel for the State, on instructions from ASI Satbir Singh, has submitted that the petitioner has joined the investigation
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