Charanjit Singh Alias Channa v. State Of Punjab
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This is the first application under Section 483 of BNSS, 2023 for grant of regular bail in case FIR No. 65, dated 03.07.2025, registered at Police Station Mehtiana, District Hoshiarpur, under Section 22 of NDPS Act. 2.
Brief facts of the prosecution case are that a police party headed by ASI Kaushal Chander was on patrolling duty near the main road towards Marnaian side. One clean-shaven person was seen sitting at a tubewell, and on seeing the police party, he threw the envelope which he was holding in his hand and tried to flee from the spot, but was apprehended by the police party. The accused disclosed his name as Charanjit Singh @ Channa, son of Mohan Singh, resident of Village Kahri, District Hoshiarpur. Upon checking the said envelope, it was found to contain 104 intoxicating tablets. The contraband was taken into possession, and after completion of investigation, the challan was presented for trial.
3.
Learned counsel for the petitioner has contended that FSL report has not been received till date and as such, it cannot be ascertained, whether the
tablets allegedly recovered from the petitioner contained any narcotic substance or not and till the FSL report is received, he may be released on interim bail. In support of his contention, learned counsel for the petitioner has cited judgment dated 17.09.2025 passed by a Coordinate Bench of this Court in CRM-M-459682025 titled "Deepak Kumar alias Kalu vs. State of Punjab". 4.
On the other hand, learned State counsel has not disputed the fact that FSL report has not been received till date.
5.
The petitioner is in custody since 03.07.2025. The investigation is certainly going to take a long time to conclude. It is also not in dispute that FSL report has not been received till date and in these circumstances, it will be appropriate in case petitioner is released on interim bail till the FSL report is received.
6.
Resultantly, the present petition is allowed and the petitioner is ordered to be released on interim bail, till the report of FSL is presented before the concerned Court, on his furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned, on usual terms and conditions. On receipt of FSL report, the petitioner shall surrender before the trial Court and then apply for fresh bail. However, in addition to the conditions that may be imposed by the concerned trial Court / Duty Magistrate, the petitioner shall remain bound by the following conditions :- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence while on bail.
! (v) The petitioner shall deposit his passport, if any, with the trial Court.
(vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.
(vii) The petitioner shall not in any manner try to delay the trial. (viii)The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof. 7.
In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 8.
Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
9.
Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off.
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