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Judgment
19 paragraphs · 350 wordsAnupinder Singh Grewal, J
Heard through video conferencing.
The petitioner is seeking anticipatory bail in FIR No. 35 dated 15.01.2020, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (‘NDPS Act’ - for short), registered at Police Station City Sirsa, District Sirsa.
Learned counsel for the petitioner contends that the petitioner is not named in the FIR and has been arraigned as an accused on the statement of co-
accused from whom 7 grams of heroin was recovered. He also contends that the petitioner is 24 years of age and is not involved in any other case
under the NDPS Act.
Issue notice to the respondent.
At the asking of the Court, Mr. Arun Beniwal, DAG, Haryana, accepts notice on behalf of the respondent. He contends that in view of the gravity of
the offence alleged to have been committed by the petitioner, he is not entitled to the concession of anticipatory bail.
Without expressing any opinion on the merits of the case and in view of the submissions of learned counsel for the petitioner that the petitioner is not
named in the FIR, he has been arraigned as an accused on the statement of co-accused, the petitioner is 24 years of age and is not involved in any
other case under the NDPS Act, I deem it a fit case to grant the concession of anticipatory bail to the petitioner.
Therefore, the petitioner is directed to appear before the investigating officer within a period of 15 days from the date of receipt of certified copy of
this order and on his doing so, he shall be released on bail to the satisfaction of the arresting/investigating officer till submission of report under Section
173 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' - for short). The petitioner shall continue to join investigation and shall furnish an undertaking
that he shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C. Thereafter, he will be permitted to furnish regular bail bonds to the
satisfaction of the trial Court.
The petition stands disposed of in the aforementioned terms.