Tina Alias Teena v. State Of Punjab

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 08.08.2025 Tina @ Teena . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Manoj R. Sharma, Advocate for the petitioner(s).

Mr. Manjinder S. Bhullar, DAG, Punjab.

**** SANJAY VASHISTH, J. (Oral) 1.

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District Tina @ Teena 149 17.05.2025 21/27-A of NDPS Act, 1985 Civil Lines Batala Police District Batala, Distt.

Gurdaspur [S. 29 of NDPS Act, added later on] 2.

In the present case, there is a recovery of 8 grams of heroin, one electronic weighing scale, and currency notes amounting to 900/- from the ₹ petitioner. The quantity recovered is 3 grams more than the small quantity, i.e., 5 grams, as per the table prescribed under the NDPS Act, 1985. 3.

Learned counsel for the petitioner submits that the petitioner has undergone a total incarceration period of about 2 months and 20 days. It is further submitted that the petitioner is involved in two other cases pertaining to non-commercial quantity, in which she has already been

- 2 - granted bail by the Courts concerned. The petitioner is a woman of young age, and in view of the above circumstances, learned counsel prays for the grant of regular bail.

4.

On the other hand, learned State counsel, while vehemently opposing the prayer for bail to the petitioner, submits that though recovery effected from the petitioner is marginally above the 'small' quantity, but keeping in view the nature of offence and the petitioner having been involved in two other cases of similar nature, she does not deserve the concession of regular bail.

However, learned State counsel does not dispute the other factual aspects of the case, such as the age of the petitioner, grant of bail in the other similar cases, as well as the fact that the present case is still under investigation. 5.

Heard.

6.

Petitioner is stated to be in custody since 17.05.2025, and has thus suffered incarceration for a period of about 2 months and 20 days. It is also noticeable that the petitioner is aged about 22 years, and the investigation in the present case is still ongoing, which clearly indicates that submission of the final report and thereafter commencement of the trial by way of recording prosecution evidence is not possible in the near future. Furthermore, the recovery of contraband is marginally above the maximum of 'small quantity'. This Court, keeping in view all the parameters, finds that prayer for bail deserves consideration and the petitioner be given one more opportunity to reform and rehabilitate herself in society.

7.

Therefore, considering the totality of circumstances, and the

- 3 - nature of allegations leveled against the petitioner, and the factors noticed here-above, I deem it appropriate to grant the concession of bail to the petitioner.

8.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to her furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 9.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

10.

The observation made here-in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record. 11.

It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled.

12.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE August 08, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No