Vijay Kumar v. State Of Haryana

CRM-M-21149-2022 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-21149-2022 Decided on:-13.01.2023 Vijay Kumar ....Petitioner..

vs.

State of Haryana ....Respondent.

CORAM:

HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Jitender Singh Dadwal, Advocate, for the petitioner.

Mr. Ramesh Kumar Ambavta, Additional Advocate General, Haryana, for the respondent-State.

***** HARKESH MANUJA J. (Oral) Present petition has been filed under Section 439 Cr.P.C. seeking bail pending trial in case FIR No.0009 dated 25.01.2021, under Section 22(c), 27-A, 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Jakhal, District Fatehabad. Learned counsel for the petitioner submits that the petitioner has been implicated in the aforesaid FIR on the basis of disclosure statement made by one Randeep Singh @ Deepu, who in turn was implicated on the basis of disclosure made by Monu @ Monu Sharma @ Akash. He further submits that the aforesaid Randeep Singh @ Deepu has already been granted the concession of regular bail by this Court vide order dated 02.03.2022 passed in CRM-M-7916-2022.

Besides it, learned counsel for the petitioner also submits that the petitioner is behind the bars since 14.12.2021 and the only recovery effected from him was Rs.1,000/-. Moreover, the investigation has already been concluded, challan filed and as such, trial is likely to take SONIKA 2023.01.

CRM-M-21149-2022 --2-- some time.

Learned State counsel, on instructions, from police official submits that in addition to the present FIR, another FIR No.277 dated 17.12.2021 under Section 22(c) of NDPS Act, 1985 was registered against the petitioner, in which, cancellation report has been prepared by the investigating agency, however, he still opposes the prayer made in the present petition.

I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner.

Once, the co-accused of the petitioner, namely, Randeep @ Deepu, on whose statement, the petitioner got implicated in the present FIR, has already been granted the concession of bail by this Court vide abovementioned order, no useful purpose is going to be served by extending the incarceration of the petitioner, who is in custody since 14.12.2021. More than that investigation has already been concluded, challan filed, as such, the trial is likely to take long time.

In view of the above, without expressing any opinion on the mertis of the case, the present petition is allowed. Petitioner, namely, Vijay Kumar is ordered to be released on bail, subject to his furnishing bail bonds and surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate.

13.01.2023 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/ No SONIKA 2023.01.13 17:20 I attest to the accuracy and authenticity of this document