Balwinder Singh v. State Of Punjab
CRM-M-63392-2025 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-63392-2025 (O&M) Date of decision: 17.11.2025 Balwinder Singh ....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :
Mr. Sachin Sharma, Advocate for the petitioner. Mr. Jasjit Singh, DAG, Punjab ***** AMAN CHAUDHARY, J. (ORAL) 1.
Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.43 dated 10.02.2025, registered under Section 21 of NDPS Act, 1985 at Police Station Anti Narcotic Force (ANTF Wing), SAS Nagar.
2.
Learned counsel contends that the petitioner has been in custody for more than 9 months. He has been falsely implicated. Even otherwise 500 grams of heroin was recovered from the co-accused Sukhwinder Singh, who is rider of the motorcycle, belonging to his aunt and was found tied to his waist. There is no recovery effected from the personal search of the petitioner. Charges have been framed on 11.09.2025, however, out of 19 prosecution witnesses, only one has been examined. He is not involved in any other case. 3.
The custody certificate dated 16.11.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 9 months and 6 days.
4.
Learned State counsel opposes the bail on the ground that the alleged
CRM-M-63392-2025 (O&M) 2 recovery effected from the co-accused falls in the category of commercial quantity. However, he is unable to controvert the submissions with regard to stage of the trial and the petitioner being not involved in any other case. 5.
Heard.
6.
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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, he is an accused, or for commission of which he 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 his liberty. (vii) The petitioner shall furnish his address and mobile
CRM-M-63392-2025 (O&M) 3 number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he 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.
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.
(AMAN CHAUDHARY) JUDGE 17.11.2025 dinesh Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No