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High Court of Punjab and HaryanaCRM-M/57453/2024allowed

Vikas Kumar Alias Vikash Kumar v. State Of Punjab

2025-04-29Mr. Justice H.S. Grewal2 pages

-1CRM-M-57453 of 2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-57453 of 2024 (O&M) Date of decision : 29.04.2025 Vikas Kumar @ Vikash Kumar ... Petitioner

Versus

State of Punjab .. Respondent CORAM : HON'BLE MR. JUSTICE H.S. GREWAL Present:- Mr. Sandeep Kotla, Advocate for the petitioner.  Mr. Amandeep Singh Samra, AAG, Punjab.

*** H.S. Grewal, J. (Oral) This is a petition for regular bail filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in case bearing FIR No.202 dated 12.09.2021 under Sections 22(c) and Section 29 (added later on) of NDPS Act registered at Police Station City Kotkapura, District Faridkot.   The case of the prosecution is that the co-accused namely, Aman Garg was apprehended on the spot with 27000 tablets of Tramadol and the petitioner was named by his co-accused during interrogation in custody.. However, no recovery has been effected from the present petitioner.  3.

Learned counsel for the petitioner contends that the petitioner is in custody for the last more than 07 months. He further contends that the trial is moving at a very slow pace as out of 29 witnesses, only 01 Prosecution Witness has been examined so far.

4.

Notice of motion.

5.

Mr. Amandeep Singh Samra, AAG, Punjab, accepts notice on behalf of the respondent-State. He vehemently opposes the grant of concession of regular bail by way of filing custody certificate dated 28.04.2025 and submits that the petitioner is involved in one more case registered under the NDPS Act. He, however, does not Sonia Puri 2025.04.30 14:58 I attest to the accuracy and integrity of this document

-2CRM-M-57453 of 2025 refute the fact that out of 29 witnesses, only one prosecution witness has been examined so far.

6.

I have heard learned counsel for the parties and have gone through the material placed on record.

7.

Keeping in view the facts and circumstances of the present case, and the fact that the petitioner is in custody for a period of 07 months and 19 days. Only one witness out of total 29 Prosecution Witnesses has been examined so far and therefore, the conclusion of the trial is likely to take long time, I deem it a fit case to grant the concession of regular bail to the petitioner. 8.

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 bonds to the satisfaction of the trial Court/Duty Magistrate concerned. The pending applications, if any, also stand disposed of. 9.

It is however, made clear that in case the petitioner is found involved in any other case, the State shall be at liberty to file an application for cancellation of bail of the petitioner.

29th April, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Sonia Puri 2025.04.30 14:58 I attest to the accuracy and integrity of this document