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2025 DAILYLAW 92340 (PNJ)

DANISH KAPOOR @ NONI v. STATE OF PUNJAB

CRM-M/45297/2025 · 2025-08-25

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Judgment text

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CRM-M-45297-2025 (O&M)& 1 CRM-M-44339-2024 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45297-2025 (O&M) Date of decision : 25.08.2025 Danish Kapoor @ Noni ….Petitioner Versus State of Punjab ….Respondent CRM-M-44339-2024 (O&M) Saurabh @ Nonu @ Sourav ….Petitioner Versus State of Punjab ….Respondent CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE Present: Mr. Shivender Pal Singh, Advocate for Mr. B. S. Bhalla, Advocate for the petitioner in both the cases. Mr. Vipin Pal Yadav, Addl. Advocate General, Punjab. **** ARCHANA ARORA 2025.08.27 10:40 I attest to the accuracy and integrity of this document CRM-M-45297-2025 (O&M)& 2 CRM-M-44339-2024 (O&M) SHEEL NAGU, CHIEF JUSTICE ( Oral ) 1. The petitioner, Danish Kapoor @ Noni and Saurabh @ Nonu @ Sourav who are in custody since 17.05.2023 and 16.10.2023 respectively, have filed these applications CRM-M-45297-2025 & CRM-M-44339-2024 for grant of regular bail in FIR No. 126 dated 11.05.2023, under Sections 22-c, 25, 27-A & 29 of NDPS Act, registered at Police Station City Tarn Taran, District Tarn Taran. 2. Custody certificates filed on behalf of the State are taken on record. 3. Learned State counsel has opposed the bail application of both the petitioners. 4. The petitioner-Danish Kapoor @ Noni is in custody since 02 years, 03 months and 7 days and petitioner-Saurabh @ Nonu @ Sourav is in custody since 1 year 4 months and 16 days respectively as on 24.08.2025 and are alleged with recovery on their person. 5. The petitioner Danish Kapoor @ Noni has no criminal antecedents, but petitioner-Saurabh @ Nonu @ Sourav though has few cases pending against him under the NDPS Act. ARCHANA ARORA 2025.08.27 10:40 I attest to the accuracy and integrity of this document CRM-M-45297-2025 (O&M)& 3 CRM-M-44339-2024 (O&M) 6. The petitioner Danish Kapoor @ Noni and petitioner-Saurabh @ Nonu @ Sourav appear to be the main accused from whose disclosure statement co- accused Vishal Kumar @ Bobby and Hardeep Singh @ Deepa were implicated as being supplier through Danish Kapoor @ Noni and -Saurabh @ Nonu @ Sourav. 7. Looking to the gravity of the offence and the fact that one of the prosecution witness out of 16 has been examined and main witnesses are yet to be examined, this Court is of the view that though there is some prejudice caused to the petitioner by prolonged undertrial custody, but the same gets outweighed by the gravity of the offence and therefore, both the petitions of Danish Kapoor @ Noni and petitioner-Saurabh @ Nonu @ Sourav stand dismissed with liberty to re-visit the Court in case the trial gets further delayed. 8. A photocopy of this order be placed on file of other connected case. ( SHEEL NAGU ) CHIEF JUSTICE August 25, 2025 archana Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ARCHANA ARORA 2025.08.27 10:40 I attest to the accuracy and integrity of this document