Mustkeen v. State Of Haryana
CRM-M-9515-2026 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-9515-2026 (O&M) Date of decision: 20.04.2026 Mustkeen ....Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :
Mr. Pankaj Bali, Advocate for the petitioner Mr. Gautam Kaile, DAG Haryana ***** AMAN CHAUDHARY, J. (ORAL) 1.
Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.183 dated 31.05.2025, registered under Sections 21, 25 & 29 of NDPS Act at Police Station Kunjpura, District Karnal.
2.
Learned counsel contends that the petitioner has been in custody for more than 9 months. His name surfaced based on the disclosure statement of co-accused Ishtkar, from whom 306 grams of Smack was allegedly recovered, however, in the FSL Report, substance namely Diazepam has been found and the aforesaid co-accused has been granted regular bail by the learned Additional Sessions Judge, Karnal vide order dated 07.04.2026. There is nothing to connect the petitioner with the alleged recovery. Challan was presented on 19.11.2025; charges have been framed on 28.11.2025, however, out of 16 prosecution witnesses, none has been examined. The petitioner is not involved in any other case under NDPS Act.
3.
The custody certificate dated 17.04.2026, filed by the learned State
CRM-M-9515-2026 (O&M) 2 counsel is taken on record. As per the same, the petitioner is behind bars for 8 months and 13 days.
4.
Learned State counsel opposes the bail on the ground that the petitioner is the supplier and was specifically named by the co-accused, from whom the alleged contraband was recovered. However, he is unable to controvert the submissions with regard to stage, co-accused having been granted bail and the petitioner being not involved in any other case under the NDPS Act. 5.
Heard.
6.
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The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.
(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.
(iv) The petitioner shall not commit an offence similar to
CRM-M-9515-2026 (O&M) 3 the offence of which, he is an accused, or for commission of which he is suspected of.
(v) The petitioner shall not directly or indirectly coerce, induce, threaten 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 or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.
(viii) The petitioner shall not leave the country without prior permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.
8.
It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.
9.
In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. (AMAN CHAUDHARY) JUDGE 20.04.2026 M.Kamra Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No