Janak @ Kokli @ Janak Singh v. State Of Haryana

   


 

 


  

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The instant petition has been preferred by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for grant of regular bail in case arising out of FIR No.271 dated 04.09.2024, registered under Sections 22(c) and 27A of the NDPS Act, at Police Station Sadar Tohana, District Fatehabad. 2.

As per the allegations, on 04.09.2024, the petitioner along with co-accused Kulwinder @ Kalu @ Kulbinder Singh had been found in conscious possession of 900 tablets containing Tramadol Hydrochloride. The recovered tablets were taken into possession by the police. The

 petitioner and co-accused were formally arrested. 3.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. A false recovery has been planted upon him. He is in custody since 04.09.2024. The investigation stands concluded. The trial will take considerable time to conclude as only 02 out of 33 prosecution witnesses have been examined so far. His continued detention would not serve any useful purpose. Co-accused Kulwinder @ Kalu @ Kulbinder Singh has been extended benefit of bail. On parity, he too deserves to be extended the same benefit. It is, therefore, argued that the petition deserves to be allowed.

4.

Status report has been filed. Learned State counsel has argued that keeping in view the gravity of the allegations and the fact that rigors of Section 37 of the NDPS Act are attracted in this case, the petitioner does not deserve to be extended benefit of bail.

5.

This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 6.

The petitioner is in custody since 04.09.2025. Co-accused Kulwinder @ Kalu @ Kulbinder Singh has been extended benefit of bail. The petitioner is shown to be involved in six other cases. As per the custody certificate, none of these cases is under the provisions of the NDPS Act.

2 There are no chances of conclusion of trial in near future. ( &     & ) ##      

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