CRM-M-35826-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 219 CRM-M-35826-2026 Date of decision : 10.07.2026 PREM KUMAR ... PETITIONER Versus STATE OF HARYANA .. RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. K.S. Siwach, Advocate for the petitioner. Mr. Vijay Kumar, AAG, Haryana. *** H.S. Grewal, J.(Oral) 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) seeking regular bail to the petitioner in case FIR No.17 dated 12.01.2026, under Sections 22(c), 27-A (Act of 61) of the NDPS Act, registered at Police Station City Fatehabad, District Fatehabad. 2. The case of the prosecution is that on the basis of secret information, co-accused Surender Bishnoi @ Gyani was apprehended from whom recovery of 03 strips (containing 10 tablets each i.e. total 30 tablets) of NRX Etizolam Tablets 0.5 mg, weighing 07 grams (30 tablets weighing 03.93 grams without strips as per inventory order dated 12.01.2026 passed by the learned Area Magistrate) was allegedly effected. During the course of investigation, co-accused Surender Bishnoi @ Gyani suffered disclosure SONIA GUGNANI 2026.07.10 17.01 I attest to the accuracy and integrity of this document Chandigarh CRM-M-35826-2026 -2- statement wherein he named the petitioner from whom the alleged contraband was purchased. 3. Learned counsel for the petitioner, however, submits that the petitioner was not named in the FIR and was arraigned as an accused only on the basis of disclosure statement of co-accused Surender Bishnoi @ Gyani. Besides the disclosure statement, there is no incriminating material qua the petitioner which would connect him with the alleged offence and no recovery has been effected from him. It is further submitted that the disclosure statements allegedly suffered by the co-accused during police custody are not admissible in evidence unless duly corroborated by independent material. He further submits that there is non-compliance of the mandatory provisions of the NDPS Act. It is also submitted that the petitioner is in custody for the last more than 03 months. He, therefore, prays for release of the petitioner on regular bail as the trial qua the petitioner is likely to take a long time as none of the prosecution witness has been examined so far. 4. Notice of motion. 5. On the asking of the Court, Mr. Vijay Kumar, AAG, Haryana, accepts notice on behalf of the respondent and vehemently opposes the prayer for grant of regular bail to the petitioner. He has filed the custody certificate of the petitioner in Court, which is taken on record. As per the custody certificate, the petitioner is in custody for the last more than 03 months. He, upon instructions, submits that none of the prosecution witness has been examined so far. 6. I have heard the learned counsel for the parties and perused the record. SONIA GUGNANI 2026.07.10 17.01 I attest to the accuracy and integrity of this document Chandigarh CRM-M-35826-2026 -3- 7. In view of the above submissions of learned counsel for the parties and keeping in view the facts that the petitioner is in custody for the last more than 03 months, no recovery has been effected from him and that the trial is likely to take a long time to conclude as none of the prosecution witness has been examined so far, therefore, this Court deems it appropriate to grant the concession of regular bail to the petitioner during the pendency of the trial as the continuous detention of the petitioner would not serve the ends of justice. 8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 9. However, it is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of his bail. (H.S.GREWAL) July 10, 2026 JUDGE Sonia Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIA GUGNANI 2026.07.10 17.01 I attest to the accuracy and integrity of this document Chandigarh