Tarif v. State Of Haryana
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Prayer in the present petition n filed under Section 483 of BNSS, 202 23, is for grant of regular bail to the petitioner in case FIR No.133 dat ted 02.09.2022, registered und der Section 20 of NDPS Act (Sections 4 20, 467, 468, 471, 259, 260 an nd 263 IPC added later on), at Police Stati on Bahin, District Palwal.
2.
Learned counsel contends th at the petitioner has been in custody for r 10 months. He alleges false e implication. The allegation against the petitioner is of having picked d up co-accused Junaid alias Juned, who o had facilitated to bring contr raband from Andhra Pradesh, which was recovered from co-accused Sh hokeen. Both the aforesaid co-
accused have since been granted bail, vide orders dated 22.09.2025 and 07.07.2025. No recovery has been effected from the petitioner. 16 witnesses, out of 20, still remain to be examined. He is not involved in any other case.
3.
The custody certificate dated 22.09.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 10 months.
4.
Learned State counsel opposes the bail on the ground that the petitioner had picked up the co-accused, who got the contraband loaded from Andhra Pradesh. However, he is unable to controvert the submissions with regard to stage of the case; the petitioner being not involved in any other case and the co-accused having been enlarged on bail.
5.
Heard.
6.
Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 10 months; not involved in any other case; the co-accused have been granted bail; out of 20 prosecution witnesses, only 4 have been examined; the trial is likely to take a considerable time, and further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed.
7.
The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial
Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.
(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.
(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court. (viii) The petitioner shall not leave the country without prior permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.
8.
It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 9.
In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and
would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.
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