Rinku Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 28.04.2025 RINKU SINGH ....Petitioner(s)

VERSUS

STATE OF PUNJAB ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. P.S. Sekhon, Advocate for the petitioner. Mr. Vinay Kumar Malhotra, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), 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(s) FIR No.

Date Section(s) Police Station District Rinku Singh 05.01.2023 15, 29 of NDPS Act and 353, 332, 333, 186 IPC Khanauri Sangrur 2.

Learned counsel for the petitioner contends that recovery of 150 kg of poppy husk has been effected from three co-accused of the petitioner namely Jaswant Kaur, Krishan Singh and Harwinder Singh @ Mintu on 05.01.2023. It is only on the basis of the disclosure statement of

the arrested accused that petitioner was involved in the present case with the allegation that he has supplied the recovered poppy husk through the main accused, who has already been ordered to be released on bail. Counsel further argues that all the three main accused have been granted bail by this Court vide order dated 15.07.2024 passed in CRM-M-44339-2023, order dated 15.07.2024 passed in CRM-M-534662023 and order dated 06.08.2024 passed in CRM-M-36581-2024 (Annexures P-3 to P-5).

Counsel also submits that petitioner is there inside jail since October, 2024 and since he has been falsely implicated in the present case, he is entitled for grant of bail.

3.

Status report dated 27.04.2025, in the shape of affidavit of Gurinder Singh PPS, Deputy Superintendent of Police, Sub Division, Moonak, has been filed by learned State counsel in Court today, the same is taken on record. Registry is directed to tag the same at appropriate place.

On advance notice and in response to the arguments addressed by learned counsel for the petitioner, learned State counsel submits that though petitioner was arrested in October, 2024 but his active participation is established from the fact that an amount of Rs.1,32,000/- was deposited by the petitioner in the bank account of one of the main accused namely Harwinder Singh @ Mintu.

On being asked by the Court that, if as per the case of the prosecution, petitioner is supplier, the amount has to be deposited/transferred in the petitioner's account, then how it has been

credited at the instance of the petitioner in the bank account of Harwinder Singh, no plausible explanation has been forwarded. On being asked by Court, it is also pointed out that out of total 21 prosecution witnesses, only 01 prosecution witness has been examined and one has been given up. It is not in dispute that main accused, from whom the recovery of 150 kg of poppy husk was effected, has already been released on bail.

5.

I have heard learned counsel for the parties and gone through the record with their able assistance.

6.

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. 7.

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.

8.

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

9.

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. 10.

It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to

be cancelled.

11.

Petition stands disposed of.

(SANJAY VASHISTH) April 28, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No