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High Court of Punjab and HaryanaCRM-M/56019/2022allowed

Mukesh Kumar Alias Sheelu v. State Of Haryana

2023-03-01Mr. Justice Deepak Gupta2 pages

211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-56019-2022 Date of Decision: March 01, 2023 Mukesh Kumar @ Sheelu

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. B.S. Mamli, Advocate for the petitioner.

Mr. Randhir Singh, Addl. A.G., Haryana.

DEEPAK GUPTA , J.(Oral) Petitioner is praying for grant of regular bail in case FIR No.153, dated 12.05.2022, registered at Police Station Bhuna, District Fatehabad, under Sections 21(c), 27-A and 29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985.

Allegations are that 505 grams of heroin, i.e. of commercial category of contraband was recovered from co-accused Mohan Lal. It is contended that initially said co-accused Mohan Lal suffered a disclosure statement implicating one Nigerian person, from whom he had purchased the contraband. Later on, another disclosure statement was suffered by said Mohan Lal in which he named the petitioner and Inderjeet, who had supplied contraband to him. Concededly, no recovery has been effected from the petitioner.

As per the custody certificate placed on record by learned State counsel, petitioner is in custody for the last 8 months and 05 days, though he is involved in two more cases of similar nature. Learned State counsel has also contended that as per the disclosure statement of the petitioner, his mobile was recovered and it SARITA RANI 2023.03.01 18:36 I attest to the accuracy and integrity of this document/order

CRM-M-56019-2022 was found that he had talked to one Aakash @ Rinku confined in the jail on the asking of the co-accused Mukesh and had supplied the contraband. It is conceded that no conversation between the petitioner and co-accused Mohan Lal has been found.

Learned counsel for the petitioner has also placed on record the copy of order dated 18.01.2023 passed in CRM-M-48549-2022, whereby similarly placed co-accused Inderjeet has been allowed bail. Having regard to the aforesaid factual position, but without commenting anything upon the merits of the case, the petitioner is admitted to regular bail and he is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court concerned.

Allowed.

March 01, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No  

    SARITA RANI 2023.03.01 18:36 I attest to the accuracy and integrity of this document/order