CRM-M-38418-2025 -1- 227 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38418-2025 Date of Decision:25.07.2025 Daljit Singh …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Harpal Singh Sidhu, Advocate (through VC) for the petitioner. Mr. Navdeep Singh, DAG, Punjab. *** 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 in case FIR No.15 dated 16.04.2023 registered under Section 21(c) of NDPS Act, at Police Station Dorangla, District Gurdaspur. 2. Learned counsel for the petitioner contends that the FIR in the present case was initially registered against unknown persons. It was alleged that the officials of BSF had received two packets of contraband, containing 2 kg 116 grams of heroin. Even no suspicion was raised against the petitioner. Later on, the petitoner was apprehended in some other case and by recording his disclosure statement in the other case, he was involved in the present case as well. He further contends that except that there was no other evidence to connect him with the commission of crime and the link evidence was completely missing. The petitioner was arrested in the present case on 18.07.2023 and no recovery has been effected from his personal search. The HEMLATA 2025.07.27 23:03 I attest to the accuracy and integrity of this document CRM-M-38418-2025 2- prosecution has been able to examine only four witnesses so far and the trial is not likely to conclude in near future. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that there is one more case against the petitioner and he 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. In the present case, the petitioner is in custody for the last more than 02 years and the trial has not progressed much. The prosecution has been able to examine only four witnesses, out of total 18 witnesses and there are no chances of early conclusion of the trial. 6. At this stage, 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 2025.07.27 23:03 I attest to the accuracy and integrity of this document CRM-M-38418-2025 -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. (N.S.SHEKHAWAT) 25.07.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.07.27 23:03 I attest to the accuracy and integrity of this document