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High Court of Punjab and HaryanaCRM-M/25043/2022allowed

Uchenna Joshua v. State Of Haryana

2022-07-11Mr. Justice Harnaresh Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-25043-2022 (O&M) Date of Decision: 11.07.2022 UCHENNA JOSHUA    



STATE OF HARYANA    

    

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 Through this petition, the petitioner seeks regular bail in case bearing FIR No.106 dated 11.04.2021, registered under Sections 21, 27-A and 29 of the NDPS Act and Section 14-A of the Foreigner Act, at Police Station Sadar Safidon, District Jind.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case; that the petitioner has been indicted in the present case on the basis of the disclosure statements of co-accused, namely, Vikas @ Bindra and Pankaj, from whom alleged recovery was effected, which is a non-commercial quantity and that the aforesaid co-accused have already been granted the concession of bail by the Coordinate Benches of this Court. He further submits that the petitioner has been in custody since 13.04.2021. Per contra, while opposing the prayer for grant of regular AMAN JAIN 2022.07.11 18:31 I attest to the accuracy and authenticity of this order/judgment

CRM-M-25043-2022 (O&M) 2bail to the petitioner, learned State counsel does not dispute the custody period of the petitioner.

I have heard the learned counsel for the parties. The petitioner has been in custody since 13.04.2021. The petitioner was indicted on the basis of the disclosure statement of the coaccused, who have already been enlarged on bail. Recovery effected from the co-accused was non-commercial quantity. Prosecution evidence is yet to conclude. In such circumstances, the trial of the case would take a long time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.

In view of the above and without commenting anything on the merits of the case, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 



   

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         AMAN JAIN 2022.07.11 18:31 I attest to the accuracy and authenticity of this order/judgment