Sonam v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 25.03.2025 Sonam

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Parminder Walia, Advocate for the petitioner.

Mr. Aashish Bishnoi, D.A.G., Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 24.03.2023 Kalka, District 21, 29 of NDPS Act Panchkula 1.

The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2.

Per paragraph 17 of the bail application, the accused has the following criminal antecedents:

Sr. No.

FIR No.

Date Offenses Police Station 1.

89/2015 - 454, 380, 411 IPC Kalka 2.

170/2018 - 380 IPC Chandimandir 3.

125/2019 - 457, 380, 411 IPC Kalka 4.

136/2022 - 323, 506, 34 IPC Kalka 5.

165/2022 - 61(1)A-4-2020 Excise Act Kalka 6.

202/2022 - 21-61-85 of NDPS Act Kalka 3.

The facts and allegations are taken from the translated version of FIR. On 24.03.2023, based on chance recovery, the Police seized 6.76 grams of Heroin from possession of co-accused. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973. 4.

The petitioner's counsel prays for bail by imposing any stringent conditions and

contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. He further submits that name of the petitioner cropped up based on disclosure statement and she was granted bail in this case, but due to absence, her bail was cancelled.

5.

The State's counsel opposes bail.

6.

The petitioner was earlier on bail; however, she failed to appear, which led to the cancellation of the bail and she was declared proclaimed offender on 16.01.2025. Thereafter, petitioner surrendered before the Court on 14.02.2025 and since then she is in custody.

7.

As petitioner was earlier granted bail, and as such, this court is inclined to grant bail subject to some conditions.

8.

Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage. 9.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage.

CONDITIONS:

10.

Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 11.

While furnishing a personal bond, the petitioner shall mention the following personal identification details:

1. AADHAR number

2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

3. Mobile number (If available)

4. E-Mail id (If available) 12.

This order is subject to the petitioner's complying with the following terms.

13.

The petitioner shall attend the Trial on every date and shall not seek single adjournment without cogent reason.

14.

The concerned trial court is authorized to delete, modify, or relax any of the above conditions and shall be competent to do so in accordance with the law. 15.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 16.

A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 17.

Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 25.03.2025 Whether speaking/reasoned: Yes Whether reportable:

No.