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2023 DAILYLAW 5091 (PNJ)

ABDUR RAB KHAN @ SAIM v. STATE OF HARYANA

CRM-M/15288/2026 · 2026-03-25

Mandeep Pannu

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-15288- 225 IN THE HIGH COURT OF PUNJAB AND HARYANA Abdur Rab Khan @ Saim State of Haryana CORAM : HON'BLE MS Present: Mr. Saleem Ahmed, Advocate for the petitioner. Ms. Jasmine Gill, AAG Haryana. MANDEEP PANNU J. 1. This is the Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case FIR No. 18 NDPS Act at Police Station 2. Briefly stated, as per the prosecution case, on 06.02.2026, the petitioner along with co grams of MDMA was allegedly recovered from the petitioner, whereas 11 grams of smack (cheeta) was recovered from the co Magistrate. Thereafter, the present FIR was registered and the accused persons were arrested. During investigation, they are stated to have suffered disclosure statements. -2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Abdur Rab Khan @ Saim VERSUS Haryana HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Saleem Ahmed, Advocate for the petitioner. Ms. Jasmine Gill, AAG Haryana. -.- MANDEEP PANNU J. (Oral) This is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in 18 dated 07.02.2026, registered under Sections at Police Station City Nuh, District Nuh, Haryana Briefly stated, as per the prosecution case, on 06.02.2026, the petitioner along with co-accused Shakil Ahmed and Rahis was apprehended, and 5 grams of MDMA was allegedly recovered from the petitioner, whereas 11 grams of a) was recovered from the co-accused in the presence of a Duty Magistrate. Thereafter, the present FIR was registered and the accused persons were arrested. During investigation, they are stated to have suffered disclosure -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15288-2026 (O&M) Date of Decision : 25.03.2026 ....Petitioner ....Respondent MANDEEP PANNU Mr. Saleem Ahmed, Advocate for the petitioner. petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in , registered under Sections 21-B, 61, 85 of the ct Nuh, Haryana. Briefly stated, as per the prosecution case, on 06.02.2026, the accused Shakil Ahmed and Rahis was apprehended, and 5 grams of MDMA was allegedly recovered from the petitioner, whereas 11 grams of accused in the presence of a Duty Magistrate. Thereafter, the present FIR was registered and the accused persons were arrested. During investigation, they are stated to have suffered disclosure petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in of the Briefly stated, as per the prosecution case, on 06.02.2026, the accused Shakil Ahmed and Rahis was apprehended, and 5 grams of MDMA was allegedly recovered from the petitioner, whereas 11 grams of accused in the presence of a Duty Magistrate. Thereafter, the present FIR was registered and the accused persons were arrested. During investigation, they are stated to have suffered disclosure TRIPTI SAINI 2026.03.25 16:39 I attest to the accuracy and integrity of this document CRM-M-15288- 3. Learned counsel f falsely implicated in the present case. It is contended that the alleged recovery from the petitioner falls within non that the co-accused has already been and the trial is likely to take considerable time to conclude. Learned counsel further submits that the petitioner is in custody since 07.02.2026. 4. Per contra, learned State counsel opposes the prayer for and submits that the petitioner is involved in another case of similar nature. 5. I have heard learned counsel for the parties and perused the material on record. 6. In the present case, the recovery effected from the petitioner is of commercial quantity. The petitioner is in custody since 07.02.2026, the investigation stands completed and the challan has already been presented. The trial is not likely to conclude in the near future. Moreover, the co already been granted 7. As regards the submission of learned State counsel that petitioner is involved in the judgment of the Hon'ble Supreme Court in ‘ State of U.P. and another’, 2012 (2) SCC 382 circumstances of the present case are to be seen while deciding a bail application and the bail application of the petitioner cannot be reje that the petitioner is involved in other/ another cases). The relevant portion of the said judgment is reproduced hereinbelow: "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second r -2026 (O&M) Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is contended that the alleged recovery from the petitioner falls within non-commercial quantity. It is further submitted accused has already been granted bail, the challan has been presented, and the trial is likely to take considerable time to conclude. Learned counsel further submits that the petitioner is in custody since 07.02.2026. Per contra, learned State counsel opposes the prayer for and submits that the petitioner is involved in another case of similar nature. I have heard learned counsel for the parties and perused the material In the present case, the recovery effected from the petitioner is of commercial quantity. The petitioner is in custody since 07.02.2026, the investigation stands completed and the challan has already been presented. The trial is not likely to conclude in the near future. Moreover, the co already been granted bail. As regards the submission of learned State counsel that petitioner is involved in two other cases of similar nature, reference is placed upon the judgment of the Hon'ble Supreme Court in ‘Maulana Mohd. Amir Rashadi Vs. State of U.P. and another’, 2012 (2) SCC 382 in which, it is held that the facts and circumstances of the present case are to be seen while deciding a bail application and the bail application of the petitioner cannot be reje that the petitioner is involved in other/ another cases). The relevant portion of the said judgment is reproduced hereinbelow:- "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second r -2- or the petitioner submits that the petitioner has been falsely implicated in the present case. It is contended that the alleged recovery commercial quantity. It is further submitted granted bail, the challan has been presented, and the trial is likely to take considerable time to conclude. Learned counsel further submits that the petitioner is in custody since 07.02.2026. Per contra, learned State counsel opposes the prayer for grant of bail and submits that the petitioner is involved in another case of similar nature. I have heard learned counsel for the parties and perused the material In the present case, the recovery effected from the petitioner is of non commercial quantity. The petitioner is in custody since 07.02.2026, the investigation stands completed and the challan has already been presented. The trial is not likely to conclude in the near future. Moreover, the co-accused has As regards the submission of learned State counsel that of similar nature, reference is placed upon Maulana Mohd. Amir Rashadi Vs. in which, it is held that the facts and circumstances of the present case are to be seen while deciding a bail application and the bail application of the petitioner cannot be rejected solely on the ground that the petitioner is involved in other/ another cases). The relevant portion of the "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In or the petitioner submits that the petitioner has been falsely implicated in the present case. It is contended that the alleged recovery commercial quantity. It is further submitted granted bail, the challan has been presented, and the trial is likely to take considerable time to conclude. Learned counsel grant of bail I have heard learned counsel for the parties and perused the material non- commercial quantity. The petitioner is in custody since 07.02.2026, the investigation stands completed and the challan has already been presented. The accused has As regards the submission of learned State counsel that of similar nature, reference is placed upon Maulana Mohd. Amir Rashadi Vs. in which, it is held that the facts and circumstances of the present case are to be seen while deciding a bail application cted solely on the ground that the petitioner is involved in other/ another cases). The relevant portion of the "As observed by the High Court, merely on the basis of criminal espondent cannot be rejected. In TRIPTI SAINI 2026.03.25 16:39 I attest to the accuracy and integrity of this document CRM-M-15288- 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." 8. Considering the totality of the facts and circumstances, particularly the period of custody undergone by the petitioner, the nature of allegations, the quantity involved, and the stage of the trial, this Court is of the considered opinion that the petitioner deserves the concession of regular bail. 9. Consequently, the present petition is allowed. The petitioner is ordered to be released on regular bail subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned Trial concerned. 10. However, it is made clear that any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case. 11. All pending miscellaneous application(s), if any, shall also stand disposed of. March 25, 2026 tripti Whether speaking/non Whether reportable -2026 (O&M) 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." Considering the totality of the facts and circumstances, particularly the period of custody undergone by the petitioner, the nature of allegations, the quantity involved, and the stage of the trial, this Court is of the considered opinion ner deserves the concession of regular bail. Consequently, the present petition is allowed. The petitioner is ordered to be released on regular bail subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned Trial However, it is made clear that any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case. All pending miscellaneous application(s), if any, shall also stand Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- 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 Considering the totality of the facts and circumstances, particularly the period of custody undergone by the petitioner, the nature of allegations, the quantity involved, and the stage of the trial, this Court is of the considered opinion ner deserves the concession of regular bail. Consequently, the present petition is allowed. The petitioner is ordered to be released on regular bail subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned Trial Court/Duty Magistrate However, it is made clear that any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case. All pending miscellaneous application(s), if any, shall also stand (MANDEEP PANNU) JUDGE : Speaking : Yes/No 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 Considering the totality of the facts and circumstances, particularly the period of custody undergone by the petitioner, the nature of allegations, the quantity involved, and the stage of the trial, this Court is of the considered opinion Consequently, the present petition is allowed. The petitioner is ordered to be released on regular bail subject to his furnishing bail bonds and Court/Duty Magistrate However, it is made clear that any observation made hereinabove All pending miscellaneous application(s), if any, shall also stand TRIPTI SAINI 2026.03.25 16:39 I attest to the accuracy and integrity of this document