Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Punjab and Haryana High Court: In a petition filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’) for grant of interim bail for two months to look after his wife and newly born child, a Single Judge Bench of Sanjay Vashisth, J., held that at the given stage, a wife would require company of her best companion, that is, her husband. Thus, the Court granted six weeks bail to husband to support wife after child birth.
Background
The petitioner had a case registered against him under Section 22 of the Narcotic Drug and Psychotropic Substances Act 1985 (‘NDPS Act’) as 1,12,000 tablets of Tramadol Hydrochloride, USP 100 MG Panadole was recovered from his possession.
His wife had given birth in January 2026, thus, to look after her and the child’s wellbeing, he approached the High Court with a plea to grant him interim bail.
Analysis and Decision
The Court stated that at the said stage of life, the petitioner’s wife required company of her best companion, that is, her husband. Further, the Court viewed that the newly born child and the wife needed the utmost attention to look after their health, etc.
Thus, the Court allowed the petition and directed the petitioner to be released on bail for six weeks subject to his furnishing surety bonds to the satisfaction of the Trial Court/Chief /Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned.
Further, the Court stated that the petitioner should surrender back to the Jail Authorities on 23-2-2026.
[Ajay Kumar v. State of Punjab, CRM-M No. 70149 of 2025(O&M), decided on 8-1-2025]
Advocates who appeared in this case:
For the Petitioner: Sumit Dua, Advocate
For the Respondent: Jasdeep Singh, Addl. A.G., Punjab