204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT AJAY STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE Present: Mr. Kuldeep Singh Siwach, Mr. HARKESH MANUJA 1. By way 2023, prayer has been made fo dated 02.05.2022 registered under Sections 21(b), 27A NDPS Act, 1985 wherein, the petitioner has been implicated with the allegations of recovery of 10 grams of heroin. 2. Learned is ready to continue to appear before the tria submits that conclusion of trial is likely to take some time as out of 13 prosecution witnesses only 3 have been examined granted concession of bail. 3. The prayer made herein has been opposed at the instance of learned State counsel while submitting that the petitioner was initially granted concession of regular bail by the trial Court, however, he absented himself IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: Versus STATE OF HARYANA HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Kuldeep Singh Siwach, Advocate for the Mr. Amit Aggarwal, DAG, Haryana. **** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section , prayer has been made for grant of regular bail in case FIR No. dated 02.05.2022 registered under Sections 21(b), 27A NDPS Act, 1985 at Police Station City Tohana, District Fatehabad , the petitioner has been implicated with the allegations of recovery of 10 grams of heroin. Learned counsel for the petitioner to continue to appear before the tria conclusion of trial is likely to take some time as out of 13 prosecution witnesses only 3 have been examined granted concession of bail. The prayer made herein has been opposed at the instance of learned State counsel while submitting that the petitioner was initially granted concession of regular bail by the trial Court, however, he absented himself for a period of around 1 year and IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32825-2025 Date of Decision: June 25, 2025 ........Petitioner ........Respondent HARKESH MANUJA Advocate for the petitioner. Amit Aggarwal, DAG, Haryana. of present petition filed under Section 483 of BNSS r grant of regular bail in case FIR No. 188 dated 02.05.2022 registered under Sections 21(b), 27A (Act No.61) of City Tohana, District Fatehabad , the petitioner has been implicated with the allegations of counsel for the petitioner submits that the petitioner to continue to appear before the trial Court during trial. He also conclusion of trial is likely to take some time as out of 13 prosecution witnesses only 3 have been examined and thus, he may be The prayer made herein has been opposed at the instance of learned State counsel while submitting that the petitioner was initially granted concession of regular bail by the trial Court, however, he for a period of around 1 year and 8 months and thus, 2025 188 (Act No.61) of City Tohana, District Fatehabad , the petitioner has been implicated with the allegations of the petitioner l Court during trial. He also conclusion of trial is likely to take some time as out of 13 and thus, he may be The prayer made herein has been opposed at the instance of learned State counsel while submitting that the petitioner was initially granted concession of regular bail by the trial Court, however, he thus, TEJWINDER SINGH 2025.06.25 12:54 I attest to the accuracy and integrity of this document CRM-M-32825-2025 -2- was not entitled for concession of bail at this stage. He also points out that in the meanwhile, the petitioner has again been implicated in the FIR involving the provisions of NDPS Act relating to recovery of 13.5 mgs of heroin from him. 4. I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner. 5. In the present case, the petitioner was implicated with the recovery of 10 grams of heroin; while he was admitted to bail by the trial Court on 17.06.2022, however, he absented himself on 05.07.2023 and subsequently on 23.03.2025, he approached this Court vide CRM-M- 16355-2025 which came to be disposed of vide order dated 08.04.2025 with the following relevant observations:- “Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of order dated 05.07.2023 vide which the bail of petitioner was cancelled and bail/surety bonds was forfeited only on the solitary absence in FIR No. 188 dated 02.05.2022, under Section 21 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station City Tohana, District Fatehabad and further for quashing of order dated 15.04.2024 (P-9) vide which petitioner was declared proclaimed offender. (2) Learned counsel for the petitioner, on instructions, submits that petitioner shall surrender before learned Special Court within two weeks from today; hence, present petition be disposed off as not pressed. (3) Ordered accordingly. (4) In case, petitioner surrenders before learned Special Court within the aforesaid period and moves an application for seeking bail, the same be considered and decided expeditiously, in accordance with law. TEJWINDER SINGH 2025.06.25 12:54 I attest to the accuracy and integrity of this document CRM-M-32825-2025 -3- (5) Needless to say that above observations be not construed as an expression of opinion on merits of the case, in any manner. Pending applications), if any, shall also stand disposed of.” 6. In terms thereof, the petitioner surrendered himself before the learned Special Court on 15.04.205 and prayed for grant of concession of regular bail, however, the same was dismissed by the Special Judge vide its order dated 05.06.2025. 7. In the present case, the petitioner is already in custody for the past more than 2 months and is even ready to continue to appear before the trial Court. Moreover, the charges have been framed and out of 13 prosecution witnesses, only 3 have been examined so far and thus, the conclusion of trial is likely to take some time. Considering the aforesaid facts and circumstances, this Court does not find justification to extend his incarceration any further. Even the implication of the petitioner in other case involving recovery of 13.5 mgs of heroin is not going to adversely affect the merits of the case in hand. 8. In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. 25.06.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.06.25 12:54 I attest to the accuracy and integrity of this document