Virender Pal Alias Kalu v. State Of Haryana
-1CRM-M-19495-2025 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-19495-2025 (O&M) Date of decision : 03.07.2025 VIRENDER PAL ALIAS KALU ... Petitioner
Versus
STATE OF HARYANA .. Respondent CORAM : HON'BLE MR. JUSTICE H.S. GREWAL Present:- Mr. Amit Choudhary, Advocate for the petitioner. *** H.S. Grewal, J. (Oral) 1.
This is a petition for regular bail filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in FIR No.254 dated 24.10.2024 under Sections 15(b) and 31 of NDPS Act, 1985 registered at Police Station Bhattu Kalan, District Fatehabad.
The case of the prosecution is that on 24.10.2024, a police party on the basis of suspicion, apprehended the petitioner and recovered 06 kgs and 800 grams of poppy husk.
3.
Learned counsel for the petitioner contends that the petitioner is in custody since 24.10.2024 and has already undergone custody period of more than six months.
3.
Notice of motion.
4.
Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana, accepts notice on behalf of the respondent-State and
Sonia Puri 2025.07.03 16:44 I attest to the accuracy and integrity of this document
-2CRM-M-19495-2025 (O&M)
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I have heard learned counsel for the parties and have gone through the material placed on record.
6.
Keeping in view the facts and circumstances of the present case, and the fact that 06 kgs and 800 grams of poppy husk has been recovered which falls in the category of non-commercial quantity and commercial quantity of the contraband involved in the present case is 50 kgs and further the custody period undergone by the petitioner is 08 months and 05 days, therefore, no useful purpose would be served to further detain the petitioner in jail and since the conclusion of the trial is likely to take a long time and as such, further incarceration of the petitioner would not serve the ends of justice. Therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioner.
7.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is granted concession of regular bail in the present case, on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/ Chief Judicial Magistrate concerned. The pending applications, if any, also stand disposed of. 8.
It is however, made clear that in case during his bail, the petitioner indulges in any offence, the State shall be at liberty to file an application for cancellation of bail of the petitioner.
03rd July, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/reasoned :
Yes/No Whether Reportable :
Yes/No Sonia Puri 2025.07.03 16:44 I attest to the accuracy and integrity of this document