CRM-M-42202-2025 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRM-M-42202-2025 Date of Decision:-08.09.2025 Yunish Masih @ Yunas Masih. ......Petitioner. Vs. State of Punjab. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Rajiv Kumar Saini, Advocate for the Petitioner. Mr. Harkanwar Jeet Singh, AAG Punjab. *** JASJIT SINGH BEDI, J.(ORAL) The Prayer in this 5th petition under Section 483 BNSS is for grant of the grant of regular bail to the petitioner in case FIR No.08 dated 26.07.2020 under Sections 21, 22, 25, 27-A and 29 of the NDPS Act and Section 25 of the Arms Act registered at P.S. State Special Operation Cell, District Amritsar. 2. The brief facts of the case are that secret information was received to the effect that Prince along with his brother Ranjit Masih @ Sonu, Waris, Yunus and Sajan Masih @ Robin Masih were getting together for the supply of Heroin, Arms and ammunition and if a raid is conducted they could be apprehended with Arms, ammunition & Heroin. Based on the said information a police party was constituted. Yunish Masih @ Yunas Masih and Prince were apprehended. From the personal search of Yunish Masih @ Yunas Masih one magazine of .30 bore, 9 live cartridges of .30 VINAY MAHAJAN 2025.09.09 10:30 I attest to the accuracy and integrity of this document CRM-M-42202-2025 #2# bore and later Rs.2 Lacs drug money came to be recovered. From Prince, one pistol of .30 bore, one magazine of .30 bore and 10 live cartridges of .30 bore came to be recovered. During the course of investigation, other persons came to be nominated as accused. 3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. No recovery of any narcotic substance has been effected from him. A similarly situated co- accused Prince has been granted the concession of bail by this Court vide order dated 30.07.2024 in CRM-M-26732-2024. Other co-accused of the petitioner, namely, Gurwinder Singh @ Nikka, Sawinder Pal Singh @ Sawinder Singh @Surinder Singh @ Surinder Pal Singh @ Shinder, Surjit Kaur and Ranjit Masih @ Sonu have been granted the concession of bail. As the petitioner is in custody since 26.07.2020, but only 06 of the 22 prosecution witnesses have been examined so far, the trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail. 4. The learned counsel for the State on the other hand has filed a Status report dated 27.08.2025 in the form of an affidavit of Mr. Kuljinder Singh, PPS, DSP, Counter Intelligence, Gurdaspur in the court today, which is taken on record. While referring to the same, he contends that the allegations levelled against the petitioner are grave and, therefore, he is not entitled to the concession as prayed for. He however concedes that some of the co-accused of the petitioner including Prince who was arrested along with the petitioner have been granted the concession of bail by this Court, that the petitioner is in custody since 26.07.2020 and that only 06 of the 22 prosecution witnesses have been examined so far. 5. I have heard the learned counsel for the parties. VINAY MAHAJAN 2025.09.09 10:30 I attest to the accuracy and integrity of this document CRM-M-42202-2025 #3# 6. The veracity of the prosecution case against the petitioner and his co-accused shall be adjudicated upon during the course of the trial. Admittedly, the petitioner is in custody since 26.07.2020 and only 06 of the 22 prosecution witnesses have been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. Hence, the further incarceration of the petitioner is not warranted. 7. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Yunish Masih @ Yunas Masih son of Sh. Sammon Masih @ Samman Masih is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned. 8. The petitioner shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform in writing each time that he is not involved in any other crime other than the cases mentioned in this order. 9. In addition, the petitioner (or anyone on his behalf) shall prepare an FDR in the sum of Rs.2,00,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from the trial without sufficient cause. 10. The petition stands disposed of. ( JASJIT SINGH BEDI ) JUDGE September 08, 2025 Vinay Whether speaking/reasoned Yes/No Whether reportable Yes/No VINAY MAHAJAN 2025.09.09 10:30 I attest to the accuracy and integrity of this document