CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 235 AZUBUIKE INNOCENT STATE OF HARYANA CORAM: PRESENT: SANJAY VASHISTH, J. (Oral) 1. 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder: Name of Petitioner(s) Azubuike Innocent 2. (Commercial quantity of Cocaine is 100 gram -50337-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AZUBUIKE INNOCENT VS. STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Ravi Malik, Advocate for the petitioner. Mr. Pawan Kumar Jhanda, DAG, Haryana. **** SANJAY VASHISTH, J. (Oral) The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder: Petitioner(s) FIR No. Date Section(s) Azubuike 391 08.10.2024 21(b) of NDPS Act Recovery in the present case is of 19.25 (Commercial quantity of Cocaine is 100 gram - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-50337-2025 Decided on : 15.09.2025 . . . PETITIONER . . . RESPONDENT HON'BLE MR. JUSTICE SANJAY VASHISTH Ravi Malik, Advocate for the petitioner. Mr. Pawan Kumar Jhanda, DAG, Haryana. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Police Station District 21(b) of NDPS Act DLF, Sector 29 Gurugram in the present case is of 19.25 grams of ‘Cocaine (Commercial quantity of Cocaine is 100 grams). The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising District Gurugram Cocaine’ POONAM SHARMA 2025.09.17 15:31 I attest to the accuracy and authenticity of this document CRM-M- contraband is petitioner is in custody since 11 months and is not alleged to be involved in any other similar offence punishable under the It is also pointed out that out of a examined. Besides, petitioner is 33 years old, with his entire career ahead of him. Therefore, learned counsel submits that the conclusion of the trial likely to take considerable amount of time, and accordingly, prays for grant of concession of regular bail to the petitioner. 3. bail, learned State counsel submits that keeping in view the n offence, he does not deserve concession of bail. However, learned State counsel though does not dispute the factual position, as explained by the petitioner’s counsel here 4. relevant material available on record. 5. the fact of recovery of narcotic contraband from the petitioner. However, this Court also cannot overlook other factual aspects, such as; the young age of the petitioner, his first the total period of incarceration already undergone, as well as the potential risk of his coming into contact with hardened criminals in the eventuality of -50337-2025 Learned counsel for the petitioner contends that the recovered contraband is much less to commercial quantity. petitioner is in custody since 11 months and is not alleged to be involved in any other similar offence punishable under the It is also pointed out that out of a total of 14 witnesses, none ha examined. Besides, petitioner is 33 years old, with his entire career ahead of him. Therefore, learned counsel submits that the conclusion of the trial likely to take considerable amount of time, and accordingly, prays for grant of concession of regular bail to the petitioner. On the other hand, while vehemently opposing the prayer of bail, learned State counsel submits that keeping in view the n offence, he does not deserve concession of bail. However, learned State counsel though does not dispute the factual position, as explained by the petitioner’s counsel here-above. I have heard learned counsel for the parties and perused the levant material available on record. While considering the plea of bail, this Court is conscious of the fact of recovery of narcotic contraband from the petitioner. However, this Court also cannot overlook other factual aspects, such as; the young age of the petitioner, his first-time involvement in a case under the NDPS Act, the total period of incarceration already undergone, as well as the potential risk of his coming into contact with hardened criminals in the eventuality of - 2 - Learned counsel for the petitioner contends that the recovered much less to commercial quantity. Further, states that petitioner is in custody since 11 months and is not alleged to be involved in any other similar offence punishable under the provisions of the NDPS Act. total of 14 witnesses, none has been examined. Besides, petitioner is 33 years old, with his entire career ahead of him. Therefore, learned counsel submits that the conclusion of the trial likely to take considerable amount of time, and accordingly, prays for grant of concession of regular bail to the petitioner. On the other hand, while vehemently opposing the prayer of bail, learned State counsel submits that keeping in view the nature of offence, he does not deserve concession of bail. However, learned State counsel though does not dispute the factual position, as explained by the I have heard learned counsel for the parties and perused the While considering the plea of bail, this Court is conscious of the fact of recovery of narcotic contraband from the petitioner. However, this Court also cannot overlook other factual aspects, such as; the young age time involvement in a case under the NDPS Act, the total period of incarceration already undergone, as well as the potential risk of his coming into contact with hardened criminals in the eventuality of Learned counsel for the petitioner contends that the recovered Further, states that petitioner is in custody since 11 months and is not alleged to be involved in provisions of the NDPS Act. been examined. Besides, petitioner is 33 years old, with his entire career ahead of him. Therefore, learned counsel submits that the conclusion of the trial is likely to take considerable amount of time, and accordingly, prays for grant On the other hand, while vehemently opposing the prayer of ature of offence, he does not deserve concession of bail. However, learned State counsel though does not dispute the factual position, as explained by the I have heard learned counsel for the parties and perused the While considering the plea of bail, this Court is conscious of the fact of recovery of narcotic contraband from the petitioner. However, this Court also cannot overlook other factual aspects, such as; the young age time involvement in a case under the NDPS Act, the total period of incarceration already undergone, as well as the potential risk of his coming into contact with hardened criminals in the eventuality of POONAM SHARMA 2025.09.17 15:31 I attest to the accuracy and authenticity of this document CRM-M- prolonged detention. The the plea of bail of the petitioner. Petitioner bail/surety bonds to the Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 6. threat and shall not influence any prosecu or indirectly. 7. an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence ava record. 8. found indulged in similar kind of activities, this order shall be deemed to be cancelled. 9. September 15 Poonam Sharma -50337-2025 prolonged detention. Therefore, this Court deems it appropriate to consider the plea of bail of the petitioner. Consequently, prayer made in the present petition is Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecu or indirectly. The observation made here- an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence ava It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled. Petition stands disposed of. September 15, 2025 Poonam Sharma - 3 - refore, this Court deems it appropriate to consider Consequently, prayer made in the present petition is allowed is ordered to be released on bail, subject to his furnishing satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly -in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be (SANJAY VASHISTH) JUDGE refore, this Court deems it appropriate to consider allowed. is ordered to be released on bail, subject to his furnishing satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in Needless to observe that the petitioner shall not extend any tion witness in any manner directly above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is ilable on It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be (SANJAY VASHISTH) POONAM SHARMA 2025.09.17 15:31 I attest to the accuracy and authenticity of this document