Allowed¶29

Vipin v. State of Haryana

Punjab & Haryana HC18 Sept 2025CRM-M/39810/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS 2023; Section 482(2) BNSS; erstwhile Section 438(2) Cr.P.C.; Section 480(3); NDPS Act Section 20(b)(ii)B; ganja; 4 kgs 120 grams; non-commercial quantity; disclosure statement; false implication; co-accused Ravi; FIR No. 161 dated 10.06.2025; Police Station Hodal; District Palwal; interim bail made absolute; joined investigation; ASI Mahanand Singh; cancellation of anticipatory bail; Vipin v. State of Haryana; Punjab and Haryana High Court; Aman Chaudhary, J.; CRM-M-39810-2025 (O&M).

What did the court decide?

Anticipatory bail allowed; order dated 31.07.2025 granting interim bail made absolute, subject to conditions under Section 482(2) of BNSS, 2023, with liberty to the State to seek cancellation if the petitioner fails to join and cooperate with the investigation. ¶29

Vipin Vs State of Haryana — Narcotics (NDPS) | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail under Section 482 BNSS, 2023 may be granted to the petitioner, who was named by co-accused Ravi from whom 4 kgs 120 grams of ganja (non-commercial quantity) was recovered, in FIR No. 161 dated 10.06.2025 of Police Station Hodal, District Palwal.

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Court's answer

Without expressing any opinion on the merits of the case, the anticipatory bail petition is allowed and the order dated 31.07.2025 granting interim bail is made absolute, subject to the conditions specified under Section 482(2) of BNSS, 2023.

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Ratio / Principle

If the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the anticipatory bail granted to him.

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Detailed headnote1 paragraphs

Vipin v. State of Haryana, CRM-M-39810-2025 (O&M), decided 18.09.2025 (Aman Chaudhary, J., High Court of Punjab and Haryana): Petition under Section 482 BNSS, 2023 for anticipatory bail in FIR No. 161 dated 10.06.2025, Police Station Hodal, District Palwal, under Sections 20(b)(ii)B NDPS Act, wherein 4 kgs 120 grams of ganja — a non-commercial quantity — was allegedly recovered from co-accused Ravi, who named the petitioner; the petitioner claimed false implication based on a disclosure statement and no other NDPS involvement. Interim bail with Section 482(2) BNSS [erstwhile Section 438(2) Cr.P.C.] conditions had been granted on 31.07.2025. On the Investigating Officer (ASI Mahanand Singh) confirming that the petitioner had joined the investigation, the Court, without expressing any opinion on merits, allowed the petition and made the interim bail absolute subject to Section 482(2) BNSS conditions, reserving to the State liberty to seek cancellation should the petitioner fail to join and cooperate with the investigation.

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CRM-M-39810-2025(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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210

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CRM-M-39810-2025(O&M) Date of Decision: 18.09.2025

VIPIN

....Petitioner

VERSUS

STATE OF HARYANA

....Respondent

CORAM : HON’BLE MR. JUSTICE AMAN CHAUDHARY

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Present : None appears due to letter circulated by Bar Association.

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AMAN CHAUDHARY, J. (Oral)

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1 . On 31.07.2025, this Court had passed the following order:-

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“This is a petition for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in case bearing FIR No. 161 dated 10.06.2025 under Sections 20(b) (ii)B of NDPS Act, registered at Police Station Hodal, District Palwal, Haryana (Annexure P-1).

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The case of the prosecution is that 4 kgs 120 grams of ganja was recovered from co-accused namely Ravi who has named the present petitioner. It is also stated that the petitioner is not involved in any other case under the NDPS Act and the recovered contraband falls under the category of noncommercial quantity.

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Counsel for the petitioner submits the petitioner has been falsely implicated in the present case on the basis of disclosure statement of the accused. He further contends that the petitioner is ready and willing to join the investigation.

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Notice of motion for 18.09.2025.

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Mr. Tapan Masta, Addl. A.G., Haryana, accepts notice on behalf of the respondent-State and seeks time to file reply. May do so positively before the next date of hearing with a copy in advance to the learned counsel opposite.

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In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer as and when called upon to join investigation and in the event of his arrest, he shall be released on interim bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 482(2) of the BNSS [erstwhile Section 438(2) Cr.P.C.]:

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i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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Deepak Patwal 2025.09.19 16:11 I attest to the accuracy and integrity of this document

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CRM-M-39810-2025(O&M)

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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 so as to dissuade him/her from disclosing such facts to the Court or to any police officer; iii) that the petitioner shall not leave India without the prior permission of the Court;

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iv) such other condition as may be imposed under subsection (3) of Section 480, as if the bail were granted under that section.

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In view of the fact that Investigating Officer-ASI, Mahanand

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Singh having submitted that the petitioner has since joined the investigation in compliance of directions passed by this Court and without expressing any

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opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 31.07.2025 granting interim bail to him, is made absolute, subject to the conditions as specified under Section 482(2) of BNSS, 2023.

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3 . However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present

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anticipatory bail granted to him.

(AMAN CHAUDHARY)

18.09.2025

JUDGE

Deepak Patwal

1. Whether speaking/reasoned Yes/No 2. Whether reportable Yes/No