CRM CRM CRM CRM----M M M M----24426 24426 24426 24426---- 132 132 132 132 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Vikas @ Bakra State of Haryana Date of Decision: Date of Decision: Date of Decision: Date of Decision: Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL (erstwhile Section 439 Cr. P.C.) in case bearing FIR No punishable under Section Adampur, Hisar. 2. 10 kg. 100 grams of 3. custody since been falsely implicated into the FIR in question. Learned counsel has argued that 10 kg. 100 grams of Pawan, who has been granted concession of vide order dated 11.08.2020. ----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CRM CRM CRM CRM----M M M M----24426 24426 24426 24426----2026 2026 2026 2026 Vikas @ Bakra versus Haryana Date of Decision: Date of Decision: Date of Decision: Date of Decision: July 16 July 16 July 16 July 16, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: July 16 July 16 July 16 July 16, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Sanchit Punia, Advocate for the Mr. Gurmeet Singh, AAG Haryana. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section (erstwhile Section 439 Cr. P.C.) for seeking grant of regular bail to the petitioner in case bearing FIR No.225 dated 21.06.2020 punishable under Sections 20, 61 of the NDPS Act, 1985, at Police Station Adampur, Hisar. The gravamen of the FIR in question 10 kg. 100 grams of ganja from co-accused, namely, Pawan. Learned counsel for the petitioner has custody since 28.01.2025. Learned counsel has submitted that the been falsely implicated into the FIR in question. Learned counsel has argued that 10 kg. 100 grams of ganja has been allegedly recovered from co Pawan, who has been granted concession of regular bail by the vide order dated 11.08.2020. Thus, regular bail is prayed for. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH 2026 2026 2026 2026 ….Petitioners ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Mr. Gurmeet Singh, AAG Haryana. filed under Section 483 of the BNSS, 2023 grant of regular bail to the petitioner, 21.06.2020, registered for the offences s 20, 61 of the NDPS Act, 1985, at Police Station The gravamen of the FIR in question pertains to alleged recovery of accused, namely, Pawan. Learned counsel for the petitioner has iterated that the petitioner is in Learned counsel has submitted that the petitioner has been falsely implicated into the FIR in question. Learned counsel has argued that has been allegedly recovered from co-accused, namely, regular bail by the Sessions Court, Thus, regular bail is prayed for. 1111 s ….Respondent 483 of the BNSS, 2023 , ences s 20, 61 of the NDPS Act, 1985, at Police Station recovery of is in petitioner has been falsely implicated into the FIR in question. Learned counsel has argued that amely, Sessions Court, MAHAVIR SINGH 2026.07.16 18:18 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----24426 24426 24426 24426----2026 2026 2026 2026 4. On the other hand, learned State counsel, while raising submissions in tandem with the short reply by way of an affidavit dated 27.06.2026, which is already on record, has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel has, however, submitted that the contraband, i.e., 10 Kg. 100 grams of ganja recovered from the co-accused, namely, Pawan falls within the non-commercial quantity. Learned State counsel seeks to place on record custody certificate dated 15.07.2026, in the Court today, which is taken on record. 5. I have heard counsel for the rival parties and have gone through the available records of the case. 6. The petitioner is in custody since 28.01.2025, whereinafter, investigation was carried out and challan qua the petitioner stands presented on 15.12.2025. Out of total 20 cited prosecution witnesses, only 03 have been examined till date. It is, thus, indubitable that conclusion of the trial will take long time. It is conceded case before this Court that the alleged recovery of contraband recovered from co-accused, namely, Pawan, is non-commercial in nature and said co-accused has already been afforded concession of regular bail by the learned Sessions Court. The rival contentions raised at Bar give rise to debatable issues, which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. As per custody certificate dated 15.07.2026 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 01 year, 05 months & 22 days. MAHAVIR SINGH 2026.07.16 18:18 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----24426 24426 24426 24426----2026 2026 2026 2026 6.2. Further, as per the said custody certificate, the petitioner is stated to be involved in other FIR(s). However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in M M M Maulana aulana aulana aulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586 Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586 Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586 Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Sridhar Sridhar Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 Das v. State, 1998 (2) RCR (Criminal) 477 Das v. State, 1998 (2) RCR (Criminal) 477 Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed allowed allowed allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and MAHAVIR SINGH 2026.07.16 18:18 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----24426 24426 24426 24426----2026 2026 2026 2026 shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. (viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE July 16 July 16 July 16 July 16, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.07.16 18:18 I attest to the accuracy and authenticity of this order/ judgment