Gurpreet Singh @ Gopi v. State Of Punjab
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision: 10.07.2025 Gurpreet Singh @ Gopi
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE
Present :
Mr. Rishu Mahajan, Advocate, for the petitioner. Mr. Amandeep Singh Samra, AAG, Punjab.
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, J. (Oral) 1.
The petitioner is seeking regular bail under Section 483 of BNSS of 2023 in case FIR No.208 dated 17.12.2020 under Section 21 of the NDPS Act 1985 (later on Section 23/29 NDPS Act, 1985 and Section 473 IPC 1860 have been added) registered at Police Station Gharinda, District Amritsar.
2.
The case of the prosecution is that 3.110 Kg. of heroin was recovered from near the BS fence. Thereafter, during investigation, one Jobanjit Singh was arrested in this case and said Jobanjit Singh named Jaskaran Singh and Balwinder Singh @ Billa as his co-accused and Jaskaran Singh further named the present petitioner. However, no recovery has been effected from the present petitioner. It is also brought to the notice that all co-accused Jobanjit Singh, Jaskaran Singh and Balwinder Singh @ Billa have been released on bail by Co-ordinate Bench of this Court.
3.
Learned counsel for the petitioner submits that all the coaccused have been granted bail and as per custody certificate, petitioner is in custody for the last 3 years and 8 months. Trial is likely to take long time for its conclusion and continuous detention of the petitioner would not serve the ends of justice, therefore, he prayed that petitioner be released on regular bail.
4.
Notice of motion.
5.
Mr. Amandeep Singh Samra, AAG, Punjab, accepts notice on behalf of the respondent-State. Learned State counsel has filed the custody certificate in the Court today, which is taken on record. As per custody certificate dated 09.07.2025, the petitioner is in custody for the last 03 years, 08 months.
6.
I have heard the learned counsel for the parties and perused the record.
7.
In view of the above submission of learned counsel for the parties and considering the custody period undergone by the petitioner and the fact that co-accused have already been released on bail; trial is likely to a considerable long time, the continuous detention of the petitioner would not serve the ends of justice. Keeping in view the facts and circumstances of the present case, this Court deems it a fit case to grant the concession of regular bail to the petitioner on parity during the pendency of the trial. 8.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is hereby ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
9.
However, it is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of their bail.
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10.07.2025 anil Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No