Manbir Singh v. State Of Punjab

CRM-M-46233-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 104-A CRM-M-46233-2025 (O&M) Date of decision: 22.12.2025 Manbir Singh ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Rahul Arora, Advocate for the petitioner 


 

  ***** AMAN CHAUDHARY, J. (ORAL) 1.

Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.49 dated 17.01.2024, registered under Sections 52-A(1) of the Prison Act, 21 of NDPS Act, 120-B, 34 IPC (Offence under Sections 7, 13 of PC Act and 29 of NDPS Act added subsequently and 21 of NDPS Act deleted) at Police Station Division No.7, Ludhiana, District Ludhiana.

2.

Learned counsel contends that the petitioner has been in custody in the present case since 01.04.2025. His name surfaced based on the disclosure statement of another inmate Gurwinder Singh, who was alleging using his phone. No recovery has been effected from him. Charges have been framed on 18.09.2025, however, out of 24 prosecution witnesses, only 2 have been examined. Similarly circumstanced co-accused Karamjit Singh @ Karma has been granted regular bail by this Court vide order dated 28.05.2024, Annexure P-7, after being in custody for 4 months and against him, there were 9 cases, out of which, 6 under NDPS Act, while the petitioner is involved in 6 cases, out of

CRM-M-46233-2025 (O&M) 2 which, 5 under NDPS Act and the other under Prisons Act, wherein he is on bail. All other co-accused have also been granted bail. Reliance is placed on the judgment passed by Hon'ble The Supreme Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382. 3.

Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner that his phone was being used by coaccused Gurwinder for smuggling mobile phones and tobacco etc. However, he is unable to controvert the submissions with regard to stage, co-accused having been granted bail and the petitioner being on bail in other cases. 4.

Heard.

5.

Hon'ble The Supreme Court in the case of Maulana Mohd. Amir Rashadi (Supra)had held that, "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court, etc." Reiterating in Prabhakar Tewari vs. State of UP and another, (2020) 11 SCC 648, it was observed that, "The offence alleged no doubt is grave and serious and there are several criminal cases pending against the accused. These factors by themselves cannot be the basis for refusal of prayer for bail." 6.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 8 months and 21 days; on bail in other cases; co-accused are on bail; charges were yet to be framed on 18.09.2024, however, out of 24 prosecution witnesses only 2 have been examined, the trial is likely to take a considerable time, further incarceration of

CRM-M-46233-2025 (O&M) 3 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.

CRM-M-46233-2025 (O&M) 4 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. (AMAN CHAUDHARY) JUDGE 22.12.2025 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No