Vishavnath Singh @ Chandu v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.215 Case No. : CRM-M-11635-2025 Decided On : July 09, 2025 Vishavnath Singh @ Chandu ....
Petitioner vs.
State of Punjab ....
Respondent CORAM :
HON'BLE MRS. JUSTICE SUKHVINDER KAUR.
* * * Present :
Mr. L. M. Gulati, Advocate for the petitioner.
Mr. P. S. Pandher, AAG, Punjab.
* * * SUKHVINDER KAUR , J.
:
Prayer in the present petition, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is for grant of regular bail to the petitioner, in case FIR No.0131 dated 15.09.2023, under Sections 21/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as - NDPS Act) and Sections 25/54/59 of the Arms Act, 1959, registered at Police Station Chatiwind, District Amritsar. Briefly, the case of the prosecution is that on 15.09.2023, DSP Sucha Singh gave information to the Investigating Officer that petitioner along with his accomplices namely Satnam Singh @ Sagar, Gurpreet Singh @ Gopi and Nishan Singh were dealing in the sale of drugs and were also having illegal weapons with them. On getting this information, raid was conducted at the house of Satnam Singh and all the aforesaid four persons were arrested. One pistol along with magazine and two live cartridges were
recovered from Satnam Singh. One pistol each was also recovered from the petitioner and co-accused Gurpreet Singh @ Gopi. From Nishan Singh, one pistol along with a magazine and one live cartridge were recovered. During investigation, co-accused Satnam Singh suffered disclosure statement and got recovered 263 grams heroin. Hence, the FIR in question was registered against them.
Learned counsel for petitioner contended that the petitioner has been falsely involved in the present case by planting recovery of weapon. No independent witness was joined at the time of alleged recovery, which shows that the recovery had been foisted upon the petitioner. It has also been informed by learned counsel for the petitioner that co-accused Nishan Singh and Gurpreet Singh @ Gopi have been granted concession of regular bail vide order(s) dated 29.01.2025 passed by a Co-ordinate Bench of this Court in CRM-M-55924-2023 and CRM-M-17532-2024 respectively and has prayed that since trial of the case is likely to take time, the case of the petitioner be considered on parity with his co-accused and he be also released on regular bail.
The Custody Certificate, filed today in the Court by learned State counsel, is taken on record.
Learned State counsel has opposed the bail petition while contending that keeping in view the seriousness of allegations levelled against the petitioner, he does not deserve the concession of bail. I have heard the learned counsel for the parties and have also gone through the case file.
As per the allegations qua the petitioner, no narcotic substance had
been recovered from the possession of the petitioner, though one pistol was allegedly recovered from his possession. Only co-accused Satnam Singh was found in possession of 263 grams of heroin along with one pistol and two live cartridges. The case of the petitioner is at par with co-accused Nishan Singh and Gurpreet Singh @ Gopi, who have already been granted concession of regular bail. Moreover, Challan in this case has already been presented and conclusion of trial is likely to take time. As per the Custody Certificate dated 08.07.2025, which has been placed on record, the petitioner has already undergone custody of 01 year, 09 months and 20 days. No useful purpose would be served by further detaining the petitioner behind the bars.
Accordingly, the present petition is allowed and the petitioner is ordered to be admitted on regular bail, on furnishing adequate bail bonds and surety bonds, to the satisfaction of concerned learned Trial Judge/Chief Judicial Magistrate/Duty Magistrate.
However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. July 09, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.