Varun Kumar v. State Of Punjab

2023:PHHC:163814

IN THE HIGH COURT OF PUNJAB AND HARYA NA

AT CHANDIGARH CRM-M-63283-2023 Date of Decision: December 20, 2023 VARUN KUMAR ........Petitioner

Versus

STATE OF PUNJAB ........Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Ms. Samriti Singh, Advocate for Mr. B.S. Bhalla, Advocate for the petitioner. Mr. Anmol Singh Sandhu, A.A.G. Punjab.

**** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition under Section 439 CrPC, prayer has been made for grant of regular bail in case FIR No. 85 dated 17.08.2023 registered under Sections 22(c), 25, 27-A, 29, 61 and 85 Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Valtoha, District Tarn Taran, wherein the petitioner has been implicated on the basis of disclosure statement made by co-accused qua alleged recovery of 5000 intoxicant tablets. 2.

The prayer made herein has been opposed at the instance of learned State counsel while referring to the huge recovery of intoxicant tablets involved.

3.

I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner.

4.

In the present case, the petitioner is in custody for the last TEJWINDER SINGH 2023.12.21 09:33 I attest to the accuracy and integrity of this document

2023:PHHC:163814 -2CRM-M-63283-2023 almost 4 months now and was implicated on the basis of disclosure statement made by one co-accused namely, Gautam Malhotra, who in turn was implicated on a disclosure statement made by Gurbhaj Singh. The aforementioned Gautam Malhotra has already been granted concession of regular bail by this Court vide order dated 13.12.2022 passed in CRM-M-61859-2023. Accordingly, this Court does not find justification to extend incarceration of the petitioner any further. 5.

In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. 20.12.2023 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.12.21 09:33 I attest to the accuracy and integrity of this document