218 IN THE HIGH COURT OF PUNJAB AND HARYANA GOURAV SHARMA ALIAS NONA STATE OF PUNJAB CORAM: HON’BLE MR. Present: Mr. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR 1. This is the first petition Nagarik Suraksha Sanhita (BNSS) for grant of regular bail to the petitioner in case bearing FIR No. NDPS Act, 1985 Wing, Special Task Force, District SAS Nagar, Mohali 2. In brief, facts of the case are that secret information, ASI Manoj Kumar along with other police officials conducted raid at Bus Stand, Mukeri Heera Singh @ Jaggi and after some time, along with car bearing No.PB Heera Singh @ Jaggi, 300 grams of Heroin was recovered pocket of his lower. petitioner and co 3. Learned counsel for the petitioner, petitioner is totally innocent and has been falsely implicated in the present IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH GOURAV SHARMA ALIAS NONA V/S PUNJAB HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Jagdish Singh Mahal, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) This is the first petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail to the petitioner in case bearing FIR No.0042 dated 11.03.2024 under Sections NDPS Act, 1985 registered at Police Station Special Task Force, Dis Wing, Special Task Force, District SAS Nagar, Mohali In brief, facts of the case are that on 10.03.2024, on the basis of secret information, ASI Manoj Kumar along with other police officials conducted raid at Bus Stand, Mukerian and apprehended co Heera Singh @ Jaggi and after some time, they apprehended the petitioner along with car bearing No.PB-06-R-0026. Upon personal search of co Heera Singh @ Jaggi, 300 grams of Heroin was recovered pocket of his lower. Hence, the FIR (supra and co-accused. Learned counsel for the petitioner, petitioner is totally innocent and has been falsely implicated in the present IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18675-2025 Date of decision: 09.04.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail to the petitioner in under Sections 21(C) and 29 of Special Task Force, District STF Wing, Special Task Force, District SAS Nagar, Mohali (Annexure P-1). on 10.03.2024, on the basis of secret information, ASI Manoj Kumar along with other police officials and apprehended co-accused, namely they apprehended the petitioner . Upon personal search of co-accused Heera Singh @ Jaggi, 300 grams of Heroin was recovered from the right supra) was registered against the Learned counsel for the petitioner, inter alia, contends that the petitioner is totally innocent and has been falsely implicated in the present MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18675 case as admittedly, no recovery was effected from the petitioner. petitioner was arrested while sitting in the car, after the arrest of the co accused, from a di conscious and exclusive possession of co Furthermore, there is no legal evidence against the petitioner to establish any connection with the recovered contraband. He submi involved in any other case under the provisions of NDPS Act. Further, the investigating agency has already concluded the investigation and presented the final report before the jurisdictional Court, Furthermore, the petitioner behind the bars since 14.03.2024 and the trial of the case has not made any progress. 4. Learned State counsel petitioner, which is take petitioner on the gro information. Further, the petitioner was travelling with the co arrested while sitting in the car, as such, his complicity is duly proved. However, he could not controvert the fact that t any other case and out of 19 prosecution witnesses, only 01 has been examined till date. 5. A two Judge Bench of Hon’ble Supreme Court in ‘ Kumar Antil v. CBI’ of undertrial prisoner in India has observed: 18675-2025 2 case as admittedly, no recovery was effected from the petitioner. petitioner was arrested while sitting in the car, after the arrest of the co , from a different place and the contraband was recovered from the conscious and exclusive possession of co-accused Heera Singh @ Jaggi. Furthermore, there is no legal evidence against the petitioner to establish any connection with the recovered contraband. He submi involved in any other case under the provisions of NDPS Act. Further, the investigating agency has already concluded the investigation and presented the final report before the jurisdictional Court, Furthermore, the petitioner behind the bars since 14.03.2024 and the trial of the case has not made any earned State counsel produces the custody certificate of the petitioner, which is taken on record and per contra, on the ground that the petitioner was duly named in the secret information. Further, the petitioner was travelling with the co arrested while sitting in the car, as such, his complicity is duly proved. , he could not controvert the fact that the petitioner is any other case and out of 19 prosecution witnesses, only 01 has been examined till date. A two Judge Bench of Hon’ble Supreme Court in ‘ Kumar Antil v. CBI’ (2022) 10 SCC 51, with respect to prevailing conditions of undertrial prisoner in India has observed: “6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute un prisoners. Of this category of prisoners, majority may not case as admittedly, no recovery was effected from the petitioner. Further, the petitioner was arrested while sitting in the car, after the arrest of the co- fferent place and the contraband was recovered from the accused Heera Singh @ Jaggi. Furthermore, there is no legal evidence against the petitioner to establish any connection with the recovered contraband. He submits that the petitioner is not involved in any other case under the provisions of NDPS Act. Further, the investigating agency has already concluded the investigation and presented the final report before the jurisdictional Court, Furthermore, the petitioner is behind the bars since 14.03.2024 and the trial of the case has not made any produces the custody certificate of the per contra, opposes the prayer of the the petitioner was duly named in the secret information. Further, the petitioner was travelling with the co-accused and was arrested while sitting in the car, as such, his complicity is duly proved. he petitioner is not involved in any other case and out of 19 prosecution witnesses, only 01 has been A two Judge Bench of Hon’ble Supreme Court in ‘Satender , with respect to prevailing conditions 6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18675 6. Having heard learned counsel for th the record of the case, it transpires that the petitioner is behind the bar since 14.03.2024, as per his custody certificate. report under Section 173 Trial of the case has not made much progress, as out of 19 witnesses cited by the prosecution, only 01 has been examined till date. would be determined at the time of trial. No useful purpose shall be served by further detention of the accused/petitioner. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future, would be violative of 7. In view of the without commenting upon the merits of the case, lest it may prejudice the outcome of the trial, the petitioner released on regular bail during the pendency of the trial on bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. 18675-2025 3 even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest i measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police State as both are conceptually opposite to each other.” Having heard learned counsel for th record of the case, it transpires that the petitioner is behind the bar since 14.03.2024, as per his custody certificate. Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the Trial of the case has not made much progress, as out of 19 witnesses cited by the prosecution, only 01 has been examined till date. determined at the time of trial. No useful purpose shall be served by detention of the accused/petitioner. Keeping the petitioner in further without the prospect of the trial being concluded in the near future, violative of her rights under Article 21 of the Constitution of India. In view of the above, the present petition is allowed. Thus, without commenting upon the merits of the case, lest it may prejudice the outcome of the trial, the petitioner-Gourav Sharma @ Nona released on regular bail during the pendency of the trial on bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police State as both are conceptually Having heard learned counsel for the parties and after perusing record of the case, it transpires that the petitioner is behind the bar since Investigation is complete. The final Cr.P.C. was presented before the concerned Court. Trial of the case has not made much progress, as out of 19 witnesses cited by the prosecution, only 01 has been examined till date. The culpability, if any, determined at the time of trial. No useful purpose shall be served by detention of the accused/petitioner. Keeping the petitioner in further without the prospect of the trial being concluded in the near future, rights under Article 21 of the Constitution of India. above, the present petition is allowed. Thus, without commenting upon the merits of the case, lest it may prejudice the Gourav Sharma @ Nona is ordered to be released on regular bail during the pendency of the trial on furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18675 8. Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prej April 09, 2025 manisha (i) (ii) 18675-2025 4 Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed udiced by observations of this Court. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment