CRM-M-36855-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 234 CRM-M-36855-2026 Date of Decision:15.07.2026 SHUBHAM @ SHUBI ....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON’BLE MR. JUSTICE H.S.GREWAL. Present: Mr. Vikas Bishnoi, Advocate for the petitioner. H.S. GREWAL, J. (ORAL) 1. This petition has been filed under Section 483 Bharatiya Nagrik Suraksha Sanhita, 2023 seeking regular bail for the petitioner in case FIR No. 263 dated 29.09.2019 under sections 21(b) of NDPS Act, 1985 during investigation section 27-A of NDPS Act has been added registered at Police Station Sadar Ratia District Fatehabad. 2. The case of the prosecution is that co-accused namely Kuldeep @ Kaimbi was apprehended along with 7.30 grams of heroin. During investigation, the petitioner was nominated as an accused on the basis of the disclosure statement made by the co-accused and was accordingly implicated in the present case. 3. Learned counsel for the petitioner submits that the petitioner has not been named in the FIR and has been nominated solely on the basis of the disclosure statement of co-accused, which is not admissible in evidence RENU RAWAT 2026.07.16 11.54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-36855-2026 2 against him. He further submits that nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner is in custody since his arrest and prays for grant of regular bail. 4. Notice of motion. 5. Mr. Vijay Kumar, AAG, Haryana accepts notice on behalf of the respondent-State and vehemently opposes the prayer for grant of regular bail. He submits that petitioner absented from Court on 28.09.2021 and did not appear thereafter, whereupon proclamation was issued and case was adjourned for recording statement of executing constable and he was produced before the Court, in pursuance of production warrant. Learned State counsel has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner has undergone custody for a period of 02 years, 01 month and 22 days and is involved in five other criminal cases. 6. I have heard the submissions made by the parties and gone through the record. 7. After hearing the rival contentions and considering the fact that in the case in hand, the petitioner is in custody for the last 02 year 01 month and 22 days; that apart from the disclosure statement, there is no other substantive evidence to connect the petitioner with the recovery effected from the co-accused coupled with the fact that the trial is likely to take considerable time, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner RENU RAWAT 2026.07.16 11.54 I attest to the accuracy and integrity of this document Chandigarh CRM-M-36855-2026 3 is granted the concession of regular bail during the pendency of the trial. 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/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. 9. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. 10. It is clarified that if while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. (H.S.GREWAL) 15.07.2026 JUDGE renu Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RENU RAWAT 2026.07.16 11.54 I attest to the accuracy and integrity of this document Chandigarh