Avinash Kumar @ Abhi v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-43087-2021 Date of Decision : 23.11.2021 Avinash Kumar @ Abhi .....Petitioner

Versus

State of Haryana .....Respondent CORAM : HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. Parminder Walia, Advocate for the Petitioner.

Mr. Anmol Malik, DAG, Haryana for the Respondent/State.

SUDIP AHLUWALIA, J. (ORAL) The instant Petition has been filed under Section 439 of the Code of Criminal Procedure seeking Regular Bail on behalf of the Petitioner in case FIR No.54, dated 24.02.2020, registered under Sections 21, 29, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Pinjore, District Panchkula.

2.

The Petitioner by now has remained in detention for nearly 4 months since 31.07.2021.

3.

Admittedly no recovery was effected from the Petitioner in the present case. His name has transpired from the Disclosure Statement of coaccused namely Rohit, from whom 7.02 grams of heroine was allegedly recovered.

4.

After completion of investigation Challan against the Petitioner DEEPAK KUMAR 2021.11.23 17:35 I attest to the accuracy and integrity of this document

CRM-M-43087-2021 -2has already been submitted. Trial in the case is yet to commence. 5.

In the circumstances, considering the long detention undergone by the Petitioner and the fact that no actual recovery was effected from him in the present case, at this stage he is ordered to be released on bail to the satisfaction of the Ld. Trial Court/Duty Magistrate concerned. 6.

Disposed off.

November 23, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2021.11.23 17:35 I attest to the accuracy and integrity of this document