IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 238 CRM-M-8632-2025 Date of Decision: 04.08.2025 Bhavneshar ....Petitioner V/s State of U.T., Chandigarh ....Respondent CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr.Mohit Garg, Advocate, for the petitioner. Mr.Manish Bansal, Public Prosecutor, U.T., Chandigarh. ***** H.S.GREWAL, J. (ORAL) 1. This petition has been filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail in case bearing FIR No. 6 dated 17.01.2023 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sector 39, Chandigarh. 2. The case of the prosecution is that one Parvesh was apprehended and from his possession, 2 Kg. 420 grams of charas was recovered. On a disclosure statement, he named the petitioner as the supplier of the contraband. Pursuant to the disclosure, the petitioner was arrested and 2.5 Kgs. of charas was recovered from him. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that co-accused of the petitioner, namely, Parvesh has been granted bail by a Coordinate POONAM RATHORE 2025.08.06 16:58 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-8632-2025 -2- Bench of this Court vide order dated 29.01.2025 passed in Crl.Misc.No.61102-2024 and he prays that similar relief be granted to the petitioner on the basis of parity. The petitioner is in custody since last 02 years, 06 months and 16 days as of today and he is not involved in any other criminal case. 4. Learned State counsel has filed the custody certificate in Court today, which is taken on record. As per custody certificate, the petitioner has undergone an actual sentence of 02 years, 06 months and 16 days. It is also submitted that out of 23 prosecution witnesses, only 04 remain to be examined. Learned counsel vehemently opposes the prayer for grant of regular bail to the petitioner. 5. I have heard the learned counsel for the parties and perused the record. 6. Keeping in view the facts and circumstances of the present case and the fact that the petitioner is in custody for the last 02 years, 06 months and 16 days, his continuous detention would not serve the ends of justice. Therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial. 7. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. POONAM RATHORE 2025.08.06 16:58 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-8632-2025 -3- 8. It is clarified that if on bail so granted through the instant order, the petitioner is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail. 9. Pending applications, if any, shall also stand disposed of. (H.S. GREWAL) JUDGE August 04, 2025 poonam Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No POONAM RATHORE 2025.08.06 16:58 I attest to the accuracy and authenticity of this document High Court Chandigarh