Chandan @ Chandan Kumar v. State Of Haryana

CRM-M-14522-2024 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14522-2024 Date of decision : 02.04.2024 CHANDAN @ CHANDAN KUMAR ....Petitioner

Versus

STATE OF HARYANA ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Ruhani Chadha, Advocate for the petitioner. Mr. A.K. Sehrawat, DAG, Haryana.

PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.836 dated 08.12.2023 registered for the offences punishable under Sections 15 of Narcotic Drugs and Psychotropics Substance Act, 1985 (offence under Section 29 of the NDPS Act added later on) at Police Station Sadar Thanesar, District Kurukshetra.

2.

Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

3.

Counsel for the petitioner submits that there is no recovery effected from the petitioner. 54 kg of poppy husk was recovered from the conscious possession of one Baldev Singh who further nominated Kamlesh Kumar and thereafter they both nominated the present petitioner. Petitioner

CRM-M-14522-2024 2 is a 19 year old boy having no criminal antecedents. Reliance is being placed upon Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1 Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1 to contend that the disclosure made by a co-accused that too while in police custody cannot be relied upon to drive home offence qua the petitioner. 4.

State Counsel is not in position to dispute the factual assertions made by counsel for the petitioner based on record. 5.

I have heard counsel for the parties and have gone through records of the case 6.

Without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner i.e. more than 3 months and 19 days, nature of allegation against the petitioner and the nature of evidence against him, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. 7.

However, in addition to conditions that may be imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall remain bound by the following conditions :- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence oral or documentary during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

CRM-M-14522-2024 3 (v) The petitioner shall deposit his passport, if any with the trial Court.

(vi) The petitioner shall give his cellphone number to the police authorities and shall not change his cellphone number without permission of the trial Court.

(vii) The petitioner shall not in any manner try to delay the trial.

8.

In case of breach of any of the aforesaid conditions and those which may be imposed by the Trial Court, the prosecution shall be at liberty to move cancellation of bail of the petitioner. 9.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. April 02, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No