Veena v. State Of Punjab
22
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Prayer in the present petition n filed under Section 483 of BNSS, is fo or grant of regular bail to the petitioner in case FIR No.300 dated 05.07 7.2025, registered at Police S Station City Barnala, District Barnala, un nder Sections 22 and 29 of the ND DPS Act.
2.
Learned counsel contends th at the petitioner has been in custody for r 2 months and about 15 days.
He alleges false implication.
Her name s surfaced on the disclosure statem ment of co-accused Akashveer Singh @ Ba abbal from whom non-commerc cial quantity of contraband was recovered. N No recovery has been effected f from her. Charges are yet to be framed. In all, there are 14 prosecution wi itnesses. In two cases against the petition ner, she is on bail and in one, s she has been sentenced to the
22 period already undergone. 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 the petitioner is supplier of the intoxicant powder. However, he is unable to controvert the submissions with regard to stage of the case and the petitioner being on bail in two other cases and sentenced to the period already undergone in one case.
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 2 months and 13 days; charges are yet to be framed; there are 14 witnesses in all; the trial is likely to take a considerable time and further incarceration of the
22 petitioner would be violative of her 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, she is an accused, or for commission of which she 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 her liberty.
(vii) The petitioner shall furnish her 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, she 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.
282 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. 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. 7 3
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