CRM-M-26467-2025 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26467-2025 (O&M) Reserved on : 11.08.2025 Pronounced on : 19.08.2025 Bharat Bhushan @ Chunnu ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Jitender Nara, Advocate for the petitioner. Ms. Himani Arora, DAG, Haryana. MANISHA BATRA, J. 1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 243 dated 11.08.2024, registered under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Kosli, District Rewari, Haryana. 2. Brief facts of the case relevant for the disposal of the present petition are that on 11.08.2024, co-accused Rahul @ Daddu was apprehended by a police party and recovery of 01 kg. 80 grams of Charas was effected from him. During the course of investigation, it surfaced that the present petitioner had made the above named co-accused meet one Pehalwan, from whom he had purchased 1.5 kg. of Charas, out of which, he had sold some amount of the contraband to others. On the basis of the same, the petitioner was nominated in this case as an accused and was arrested on 29.08.2024. After completion of MOHAMMAD WASEEM ANSARI 2025.08.19 10:37 I attest to the accuracy and integrity of this document CRM-M-26467-2025 (O&M) -2- necessary investigation and usual formalities, challan under Section 193 of BNSS was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforementioned offence. 3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He was neither named in the FIR nor was found at the spot. He has been nominated in this case on the basis of the disclosure statement suffered by the above named co-accused, which is not admissible in evidence. No subsequent recovery has been effected from him. He is not involved in any other case under the NDPS Act. Even otherwise, investigation stands completed and challan has been filed. Conclusion of trial is likely to take time as no prosecution witness has been examined so far. The petitioner is in custody since 29.08.2024. No useful purpose would be served by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail. 4. Status report along with the custody certificate of the petitioner has been filed by the respondent-State. Learned State counsel has argued that keeping in view the gravity of the allegations levelled against the petitioner, he is not entitled to get benefit of bail. It is, thus, argued that the petition is liable to be dismissed. 5. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record. 6. The petitioner has been nominated in this case on the basis of the disclosure made by co-accused Rahul @ Daddu, who was apprehended by the police party on 11.08.2024 and from whom the recovery of 01 kg. 80 grams of MOHAMMAD WASEEM ANSARI 2025.08.19 10:37 I attest to the accuracy and integrity of this document CRM-M-26467-2025 (O&M) -3- Charas was effected. The allegations against the petitioner are that he had made the said co-accused meet aforesaid Pehalwan, from whom, he had procured the recovered contraband. The petitioner is not shown to be involved in any other case under the NDPS Act. Investigation has since been completed and challan has been presented. However, no prosecution witness has been examined so far, which means that conclusion of trial would take time. Keeping in view the aforesaid facts and circumstances, I am of the considered opinion that no useful purpose would be served by keeping the petitioner in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner is found involved in any other subsequent case. 7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 19.08.2025 (MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2025.08.19 10:37 I attest to the accuracy and integrity of this document