CRM-M-5674-2025 -1- 228 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5674-2025 Date of Decision:20.05.2025 Raj Kumar alias Raju …Petitioner vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Kartar Singh, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.228 dated 17.08.2024 registered under Sections 15(b) and 27-A of NDPS Act, at Police Station City Ratia, District Fatehabad. 2. Learned counsel for the petitioner contends that as per the case set up by the prosecution, Gurcharan Singh @ Channa, co-accused was apprehended by the police on 17.08.2024. However, during the course of investigation, Gurcharan Singh @ Channa, co-accused is stated to have suffered a disclosure statement, involving the petitioner as an accomplice. Even the petitioner was arrested in the present case on 13.12.2024 and is in custody since then. Learned counsel further submits that the petitioner has been involved in the present case only on the basis of the disclosure statement made by co- accused and the admissibility of such a statement is yet to be adjudicated. Even HEMLATA 2025.05.20 23:20 I attest to the accuracy and integrity of this document CRM-M-5674-2025 -2- challan has been presented against the petitioner and his further custody will not serve any meaningful purpose. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is involved in nine other cases and does not deserve the concession of bail by this Court. 4. I have heard the learned counsel for the parties and perused the record. 5. The petitioner is stated to be in custody for the last more than 05 months and the challan has been presented against him. he trial is not likely to conclude in near future. Thus, the conclusion of the trial may take quite a long time and further custody of the petitioner will not serve any meaningful purpose. 6. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned, subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. HEMLATA 2025.05.20 23:20 I attest to the accuracy and integrity of this document CRM-M-5674-2025 -3- (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner involves in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. (viii) The petitioner shall report every 1st Monday in English calander month to the concerned SHO till the conclusion of the trial and SHO shall mark his presence by making an entry in the rojnamcha. In case, he does not report on every 1st Monday to the concerned SHO, it shall be viewed seriously and the concession granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an appropriate application in this regard. (N.S.SHEKHAWAT) 20.05.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.05.20 23:20 I attest to the accuracy and integrity of this document