High Court of Punjab and HaryanaCRM-M/18748/2021allowed

Yugal Kumar Sahu v. State Of Haryana

2021-08-16Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-18748 of 2021 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-18748 of 2021 Date of Decision: 16.08.2021 Yugal Kumar Sahu ......Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Parminder Singh, Advocate for the petitioner. Mr. Surender Singh, AAG, Haryana.

HARINDER SINGH SIDHU, J Prayer is for grant of regular bail in case FIR No.32 dated 20.01.2021 under Sections 18 & 61 of NDPS Act, 1985 registered at Police Station Madhuban, District Karnal.

As per allegations in the FIR, upon receipt of secret information, a motor cycle being driven by two persons, namely, Dalip Singh and Gurjinder Singh, was intercepted and 2 kgs 500 grams of opium was recovered from them. It is alleged that said co-accused in their disclosure statements have stated that they had purchased the contraband from the petitioner.

Learned counsel for the petitioner contends that false recovery has been foisted upon the petitioner. Though there are three other criminal cases under NDPS Act registered against the petitioner but all of them relate to the recovery, which is of non-commercial quantity. In two of the cases, the petitioner has been implicated on the basis of disclosure statement while in one case, contraband is alleged to have been recovered from the petitioner. Petitioner is on bail in all the cases and that he is in custody in MANOJ KUMAR 2021.08.17 10:29 I attest to the accuracy and integrity of this document

CRM-M-18748 of 2021 #2# this case since 24.01.2021.

Without commenting anything on the merits of the case and also bearing in mind the custody period coupled with the fact that the trial is not likely to conclude in near future, in my opinion, no useful purpose will be served by detaining the petitioner behind bars any further. The petition, as such, is accepted. The petitioner Yugal Kumar is ordered to be released on bail on her furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. It is made clear that if the petitioner is found indulged in similar criminal activities, his bail bonds and surety bonds shall be deemed to be cancelled.

This present petition stands accepted accordingly. August 16, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2021.08.17 10:29 I attest to the accuracy and integrity of this document