Chidiebube Emmanual Oforkigbe v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-11308-2025 Date of Decision: 05.03.2025 CHIDIEBUBE EMMANUAL OFORKIGBE ....Petitioner(s)

VERSUS

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

Present:

Mr. Tarun Singhal, Advocate for the petitioner. Ms. Mayuri Lakhanpal, DAG, Haryana.

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

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

Date Section(s) Police Station District Chidiebube Emmanual Oforkigbe 17.06.2024 22(c), 21(c) of NDPS and 14 of Foreigners Act Sadar Gurugram 2.

On the very outset, counsel of petitioner informs that as per the allegations in the FIR, from the possession of the petitioner substance Methamphetamine has been recovered, which has been wrongly identified as MDMA.

Counsel further submits that main accused namely Akash has already been released on bail by this Court, from whom 11 grms of Methamphetamine (MDMA - a narcotic substance) has been recovered, vide order dated 15.01.2025 passed in CRM-M-622-2025 (Annexure P-4) . Thus, prays for grant of bail.

3.

On advance notice, Ms. Mayuri Lakhanpal, DAG, Haryana, puts in apperance on behalf of respondent - State and does not dispute the submissions addressed by counsel for the petitioner and in addition SANGEETA 2025.03.05 18:55 I attest to the accuracy and integrity of this document

CRM-M-11308-2025 submits that investigation is complete and after submission of the final report, under Section 173 Cr.P.C., charges have also been framed. 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) March 05, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2025.03.05 18:55 I attest to the accuracy and integrity of this document