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High Court of Punjab and HaryanaCRM-M/46928/2024allowed

Gurjinder Singh Alias Gopi v. State Of Punjab

2025-09-09Mr. Justice H.S. Grewal3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 09.09.2025 GURJINDER SINGH ALIAS GOPI ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. J.S.Sandhu, Advocate for the petitioner.

Mr. Rishabh Singla, AAG, Punjab.

H.S. Grewal, J.(Oral) 1.

This petition has been filed for grant of regular bail under Section 483 of the BNSS in case FIR No. 70 dated 04.08.2023 under Sections 21(c)/ 29 of NDPS registered at Police Station Verowal, District Tarn Taran. 2.

The case of the prosecution is that 305 grams of heroin was recovered from the possession of the co-accused namely Avtar Singh and on his disclosure statement, the present petitioner has been implicated in the present case.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he has not committed any offence. The petitioner has been nominated only on the basis of disclosure statement suffered by the co-accused. The petitioner is in custody since

-221.11.2023. He further submits that no recovery has been effected from the petitioner.

4.

Learned State counsel has filed the custody certificate of the petitioner in the Court today and the same is taken on record. As per custody certificate, the petitioner is in custody for the last 11 months and 30 days. On asking, he further submits that out of 14 cited prosecution witnesses only 06 have been examined so far.

5.

I have heard the learned counsel for the parties and perused the record.

6.

Keeping in view the above and the fact that only 06 prosecution witnesses have been examined so far; the petitioner is in custody for the last 11 months and 30 days and apart from the disclosure statement there is no other evidence against the petitioner as no recovery has been effected from him; the continuous detention of the petitioner would not serve the ends of justice, therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial. 7.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

-38.

It is clarified that if on bail so granted through the instant order, the applicant is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail.

(H.S.GREWAL) 09.09.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No