Bickey Chamlagain Alias Bicku v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M- 48125-2025 BICKEY CHAMLAGAIN ALIAS BICKU ......Petitioner
Versus
STATE OF HARYANA ......Respondent CRM-M- 24410-2025 BALKAR SINGH ......Petitioner
Versus
STATE OF HARYANA ......Respondent CRM-M -66288-2025 (O&M) BITTU KUMAR ALIAS BITTU ......Petitioner
Versus
STATE OF HARYANA ......Respondent Decided on : 18.02.2026
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH
Present:
Mr. Satnam Singh Gill, Advocate, for the petitioner (in CRM-M-48125-2025), Mr. Amit Choudhary, Advocate, for the petitioner (in CRM-M-24410-2025).
Mr. Saurabh Sharma, Advocate, for the petitioner (in CRM-M-66288-2025).
Mr. Pawan Kumar Jhanda, Sr. DAG, Haryana.
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SANJAY VASHISTH, J.
1.
By this common order, all the aforementioned petitions, i.e. CRM-M-48125-2025, CRM-M-24410-2025 and CRM-M-66288-2025 shall stand disposed of.
2.
Petitioner - Bickey Chamlagain @ Bicku has filed petition, i.e. CRM-M-48125-2025, seeking grant of regular bail, in case, FIR No.589, dated 28.10.2024, under Sections 18(b) of NDPS Act (sections 27-A of NDPS Act and Section 238 of BNS added later on), registered at Police Station Sadar Thanesar, District Kurukshetra. Petitioner - Balkar Singh has filed petition, i.e. CRM-M24410-2025, seeking grant of regular bail, in case, FIR No.589, dated 28.10.2024, under Sections 18-B, 27-A, 29, 31 of NDPS Act, Section 238 of BNS, registered at Police Station Sadar Thanesar, District Kurukshetra.
Petitioner - Bittu Kumar @ Bittu has filed petition, i.e. CRM-M-66288-2025, seeking grant of regular bail, in case, FIR No.589, dated 28.10.2024, under Sections 18-B of NDPS Act (sections 27-A, 29 of NDPS Act added later on) registered at Police Station Sadar Thanesar, District Kurukshetra.
2.
Brief facts of the case relevant for the disposal of the present petitions are that on 27.10.2024, on the basis of a secret information, main accused namely Shravan Singh, while sitting in truck, bearing registration number PB-02-ES-8418, was apprehended by a police party headed by SI Baljinder Singh and recovery of 10 kilograms 40 grams of
opium was effected from him. Upon interrogation, main accused, Shravan Singh, made a disclosure statement in which he named all the three petitioners - namely Bickey Chamlagain alias Bicku, Balkar Singh, and Bittu Kumar alias Bittu - as accused in the present case. He further disclosed that since he was not able to pay the instalments of loan taken by him for purchasing the said truck, he had started bringing opium from Manipur and selling the same in Punjab.
3.
During the course of the investigation, it was revealed that the main accused, Shravan Singh, transferred an amount of Rs. 4,03,500/- to the bank account of petitioner-Bittu Kumar @ Bittu (in CRM-M66288-2025). Subsequently, in furtherance of this transaction, Bittu Kumar alias Bittu transferred an amount of Rs.3,64,000/- to the bank account of petitioner-Bickey Chamlagain @ Bicku (in CRM-M-481252025). 4.
Primarily, allegations of the prosecution is that the recovered opium was supplied by two of the petitioners herein, namely Bittu Kumar alias Bittu and Bickey Chamlagain @ Bicku, and the said opium was intended to be delivered further to Balkar Singh (petitioner in CRM-M24410-2025), Jasbir Singh and Sukh. However, prior to its actual delivery, they were implicated as accused in the present case. 5.
Counsel for the petitioners jointly submit that petitioners have been falsely implicated in the present case, as their names do not appear in the First Information Report. They contend that they have been nominated solely on the basis of disclosure statement attributed to the
main accused, which, they submit, is not admissible in evidence. There is nothing on the record to connect the petitioners with the subject of crime, except the alleged disclosure statement of the co-accused. Furthermore, investigation has since been completed and challan has been filed. Out of total 33 prosecution witnesses, none has been examined till date, and charges have likewise not been framed. Thus, culmination of the trial is likely to take considerable time.
6.
It is further submitted that petitioner-Bickey Chamlagain @ Bicku is in judicial custody since 04.11.2024, i.e., for a period of about 01 year, 03 months and 14 days; petitioner-Balkar Singh is in custody since 15.12.2024, i.e., for a period of 01 year, 02 months and 03 days; and petitioner-Bittu Kumar alias Bittu is in custody since 26.11.2024, i.e., for a period of about 01 year 02 months and 23 days. Therefore, it is jointly submitted that no useful purpose would be served by keeping them in custody any longer. It is, therefore, urged that present petitions deserve to be allowed.
7.
On the other hand, learned State counsel has filed status report dated 17.12.2025 in the Court today and the same is taken on record.
8.
Learned State counsel, while opposing the prayer and submissions advanced by learned counsel for the petitioners, submits that petitioners are not entitled to the concession of regular bail, as serious allegations are levelled against them. It is contended that they played a key role in the smuggling of opium from Manipur.
During the course of investigation, it was also revealed that petitioners were in constant communication with one another and were in contact with the main accused, Shravan Singh, as evidenced by total 29 recorded calls between them. It is further argued that if the petitioners are released on bail, there is a likelihood that they may abscond or engage in similar offences. Accordingly, it is submitted that present petitions are liable to be dismissed.
9.
This Court has heard the submissions advanced by counsel for the parties and has perused the record available on file. 10.
On a prima facie consideration of the material placed on record, this Court is of the view that plea for grant of bail in respect of petitioners-Bickey Chamlagain alias Bicku (in CRM-M-48125-2025) and Bittu Kumar alias Bittu (in CRM-M-66288-2025) is not made out, at this stage.
Accordingly, CRM-M-48125-2025 and CRM-M-662882025 are dismissed, at this stage. 11.
As far as petitioner-Balkar Singh (in CRM-M-24410-2025) is concerned, nothing incriminating has been recovered from his possession. In fact, it appears that he was prematurely arrested in the present case because, according to the case set up by the prosecution itself, the recovered contraband was to be delivered to petitioner-Balkar Singh and his co-accused before its actual delivery. Consequently, all the three persons, namely petitioner - Balkar Singh, Jasbir Singh, and Sukh, were arrayed as accused in the present case.
12.
At this stage, learned State counsel has submitted that an amount of Rs.10,00,000/- was paid in cash by petitioner-Balkar Singh to main accused - Shravan Singh. However, this Court is of the view that without any substantive proof of such transaction, the said amount cannot be presumed to be drug money.
13.
In view of the totality of circumstances, nature of the allegations against petitioner-Balkar Singh, and the factors noticed here above including the total incarceration period undergone by him, this Court deems it appropriate to grant the concession of bail to him in the present case.
Consequently, prayer made in the present petition, i.e. CRMM-24410-2025 is allowed. 14.
Accordingly, petitioner - Balkar Singh is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 15.
Needless to observe that the Petitioner - Balkar Singh shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.
16.
Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law.
17.
It is further made clear that if, in future, petitioner - Balkar Singh is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled.
18.
All the present petitions stand disposed of.
19.
A photocopy of this order be placed on the files of other connected cases.
(SANJAY VASHISTH) JUDGE 18.02.2026 Lavisha Whether Speaking/Reasoned:
YES/NO Whether Reportable:
YES/NO