Akash v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: January 15, 2025 Akash ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Mohan Singh Rana, Advocate, and Mr. Aakash Sharma, Advocate, for the petitioner.

Mr. Vikas Bhardwaj, AAG, Haryana, assisted by ASI Anand.

**** SANJAY VASHISTH, J.

1.

The instant petition has been filed under Section 483 of the BNSS, 2023, for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner FIR No.

Date Section(s) Police Station District Akash s/o Joginder Singh 17.06.2024 22(b) & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 [Ss. 21(c) & 22(c) of the NDPS Act deleted later on] Sadar, Gurugram Gurugram

2.

Learned counsel for the petitioner submits that the petitioner is inside jail since 17.06.2024 and from his possession 11 grams of Methamphetamine (MDMA - a narcotic substance) has been recovered, which is a non-commercial quantity because it is below 50 grams. Further submits that no other case is registered against him under the NDPS Act.

3.

On advance notice, Mr. Vikas Bhardwaj, Assistant Advocate General, Haryana, caused appearance and produces custody certificate dated 14.01.2025, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. Learned State counsel does not dispute the submissions addressed by learned counsel for the petitioner and in addition submits that investigation is complete and after submission of the final report, under Section 173 Cr.P.C., charges have also been framed. As per the custody certificate, petitioner has undergone 06 months and 25 days period inside jail and there is no other case registered against him. 4.

After hearing the submissions and examining the record, I deem it appropriate to consider the plea of bail of the petitioner, as his liberty is involved. After filing of the final report under Section 173 Cr.P.C., charges have already been framed, and the official witnesses only have to depose to prove the prosecution case. No material purpose would be served by keeping the petitioner inside jail. No other case is registered against him.

5.

In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, I deem it appropriate to grant the concession of bail to the petitioner. 6.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

7.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

8.

The observation made hereinabove shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record.

9.

It is further made clear that if in future petitioner is found indulged in similar kind of activities, prosecution would be at liberty to seek cancellation of bail in the present case. 10.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE January 15, 2025 Pkapoor Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO