Jalneer @ Neer vs State of Haryana

Harpreet Singh Brar, J

This petition has been filed under Section 482 of BNSS, 2023, seeking anticipatory bail in case FIR No.332 dated 26.11.2024 registered under Section 22 (b) of NDPS Act at Police Station Narwana City, District Jind.

On 01.01.2025, the following order was passed:-

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Inter-alia contends that the petitioner is sought to be arraigned as an accused in the FIR in question on the basis of a disclosure statement made by a co-accused from whom 78 gms of Alprazolam is alleged to have been recovered & the petitioner is willing to join investigation and cooperate therein. Reliance is placed upon 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 coaccused. 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.

On asking of the Court, Ms. Priyanka Sadar, AAG, Haryana appears and accepts notice on behalf of the respondent-State.

Adjourned to 10.02.2025.

The petitioner is directed to appear before the Investigating Officer on 07.01.2025 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.”

Learned State counsel, on instructions from HC Rajesh Kumar, at the very outset, informs the Court that the petitioner has joined the investigation and his custodial interrogation is not required.

In view of the statement of learned State counsel, order dated 01.01.2025 is hereby made absolute. The petitioner shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973).

The petition stands disposed of.