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High Court of Punjab and HaryanaCRM-M/22105/2026allowed

Narvir Singh @ Nirvir Singh v. State Of Punjab

2026-05-19Mr. Justice Subhas Mehla3 pages

In the High Court for the States of Punjab and Haryana at Date of Decision:- 19.05.2026 Narvir Singh @ Nirvir Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Mitul Singh Rana, Advocate for the petitioner. Mr. Subhash Godara, Addl. A.G., Punjab.

***** SUBHAS MEHLA , J. (Oral) 1.

By way of the present petition, the petitioner is seeking regular bail in case bearing FIR No.64 dated 06.03.2025, registered under Sections 21, 22, 29, 59(2) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS' Act) (Section 111 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') added later on), at Police Station Anti Narcotics Force (for short ANTF) Wing, Hoshiarpur.

2.

The allegations against the petitioner are that, while working as a VC operator in Central Jail, Hoshiarpur, he, in connivance with other persons, facilitated entry of prohibited articles and contraband into jail premises and supplied the same.

3.

Learned counsel for the petitioner prayed for concession of bail to the petitioner on the following grounds:

I. That the petitioner is in custody since 03.01.2026 i.e. for the last more than 04 months and 15 month.

( 2 ) II. Petitioner is having clean and clear antecedents and is not involved in any other criminal activity, except the present one. III. That the case of the present petitioner is on similar footings as that of co-accused, Baljit Singh @Baljit Singh Ghuman, who has already been granted regular bail vide order dated 08.04.2026, passed in CRM-M15386-2026 by this Court . IV. The trial will take sufficient time to conclude and no fruitful purpose would be served by keeping the petitioner in custody. 4.

Learned State counsel filed custody certificate dated 18.05.2026 and the same is taken on record. As per custody certificate, the petitioner is in custody since 03.01.2026.

5.

Learned State Counsel opposed the present petition on the following grounds:

I.

Petitioner is alleged to be a member of racket involved in drug trafficking withing the jail and was working as VC operator at the relevant time.

However, it is not disputed by learned State counsel that case of the present petitioner is on similar footings as that of co-accused, namely, Baljit Singh @ Baljit Singh Ghuman, who has already been granted regular bail by this Court vide order dated 08.04.2026 passed in CRM-M-153862026. It is also not disputed that the petitioner is having clean antecedents and is not involved in any other criminal activity except the present one. 6.

Heard.

( 3 ) 7.

Keeping in view the submissions of learned counsel for the parties, facts and circumstances of the case, this Court finds merits in the present petition on the following grounds:

I. Petitioner is in custody since 03.01.2026 i.e. for the last 04 months and 15 days.

II. Investigation qua the present petitioner has been completed. III. Final report has been filed and charges have been framed. IV. Petitioner is having clean and clear antecedents and is not involved in any other criminal activity, except the present one. V. Case of the petitioner is on similar footings to that of co-accused, namely, Baljit Singh @ Baljit Singh Ghuman, who has already been granted regular bail vide order dated 08.04.2026 in CRM-M-153862026 passed by this Court. VI. The trial is likely to take considerable time to conclude. No fruitful purpose would be served by keeping him in custody for any further period.

8.

As concession of bail cannot be denied just as a measure of punishment and it is a trite principle of criminal jurisprudence that bail is a rule, jail is an exception. Hence, this Court deems it a fit case to grant the concession of regular bail to the petitioner. 9.

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 bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. ( SUBHAS MEHLA ) 19.05.2026 JUDGE Geeta Whether speaking /reasoned Yes / No Whether Reportable Yes / No