Narinder Singh Alias Narender Alias Sunny v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-2526-2025 (O&M) Date of Decision:-22.05.2025 NARINDER SINGH ALIAS NARENDER ALIAS SUNNY ....Petitioner(s)

Versus

STATE OF HARYANA

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Pankaj Bali, Advocate for Mr. Munish Behl, Advocate for the petitioner. Mr. Vipul Sherwal, AAG Haryana.

***** SANJIV BERRY, J. (ORAL) The instant petition has been preferred by the petitioner under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in the following case :- FIR No.

Dated Sections Police Station 16.09.2024 22(C) NDPS Act;

(29 NDPS Act added later on) Panjokhra, District Ambala no. 2), Mo 2.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is not named in the FIR and his name surfaced in the disclosure statement of co-accused, with whom the petitioner has no concern. He further contends that no recovery has been effected from the

-2petitioner and he is not having any criminal antecedents. He submits that the petitioner is in custody since 18.19.2024 and after the completion of investigation, challan has been presented in Court and the conclusion of trial will take sufficient long time. Thus, prays for grant of concession of bail to the petitioner.

3.

Per contra, learned State counsel while referring to the reply filed by the State has opposed the petition on the ground that the name of the petitioner surfaced in the disclosure statement of co-accused from whom the contraband was effected. He submits that the petitioner does not deserve the concession of bail and prays for dismissal of the petitioner. 4.

Heard learned counsel for the parties and perused the record. 5.

After considering the rival contentions and perusing the record, it transpires that the case of the prosecution is that on 16.09.2024, the police party apprehended Dippi @ Laddi and Mukesh @ Mintu on the basis of secret information. Upon their search, 432 capsules of Parvion Spas+ and 576 capsules of Spasmo Proxivon were recovered from the bag which they were carrying without any licence or permit. During investigation, both the accused suffered their disclosure statements nominating the present petitioner as the supplier of the contraband. Accordingly, the petitioner was arrested on 18.09.2024 and since then he is custody. After the completion of investigation, challan has been presented in Court, wherein the prosecution has cited 19 witnesses, however, none has been examined till date. As per the record, petitioner is not involved in any other case. The criminal liability, if any, of the petitioner, could only be determined after the conclusion of

-3trial, which may take sufficient long time. In the circumstances, no purpose would be served by detaining the petitioner any longer. 6.

Consequently, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Judge on Duty/Duty Magistrate concerned, if not required in any other case; undertaking to regularly appear on each and every date; not to leave the country without prior permission of the Court; and not to tamper with evidence of prosecution in any manner. 7.

 



         

         

 





            

 

   

8.

Any observation made above shall not be construed as opinion of this Court on the merits of the case.

9.

Pending miscellaneous application(s), if any, stands disposed of.

(SANJIV BERRY) JUDGE 22.05.2025 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No