Akesh Alias Akash Kumar Alias Sudi v. State Of Punjab

CRM-M-17214-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 109+240 CRM-M-17214-2024 Date of Decision: 28.07.2025 AKESH @ AKASH KUMAR @ SUDI ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Ketan Chopra, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1.

This petition has been filed for grant of regular bail under Section 483 of BNSS, 2023 in case FIR No. 11 dated 10.01.2023 under Sections 21, 21(c), 29 of NDPS Act (Section 27 NDPS Act added later) on registered at Police Station STF, SAS Nagar.

2.

The case of the prosecution is that a secret information was received by the police regarding the involvement of both the co-accused and the petitioner in sale and purchase of narcotic substances. Following this confidential information, the investigating agency apprehended the petitioner and recovered 1.120 Kgs of Heroin from the scooter's storage compartment. 3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The present FIR was registered on the basis of secret information allegedly naming petitioner. He further submits that the petitioner has no link with the co-accused Manjit Kumar @ Manu and furthermore, he was not driving the activa scooter as alleged in the FIR. The petitioner is in custody since 10.01.2023.

CRM-M-17214-2024 -24.

Notice of motion.

5.

Mr. Gautam Thapar, Sr. DAG, Punjab accepts notice on behalf of the respondent-State. He has filed the custody certificate of the petitioner. He vehemently opposes the prayer for grant of regular bail to the petitioner since the allegations against the petitioner are grave. 6.

I have heard the learned counsel for the parties and perused the record.

7.

Keeping in view the facts and circumstances of the present case and the fact that the petitioner is in custody for the last 02 years 05 months and 30 days, the continuous detention of the petitioner would not serve the ends of justice, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial. 8.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

9.

It is clarified that if on bail so granted through the instant order, the petitioner is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail.

(H.S.GREWAL) 28.07.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No