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High Court of Punjab and Haryana · body

2026 DAILYLAW 29923 (PNJ)

RAHUL KUMAR v. STATE OF PUNJAB

CRM-M/37002/2026 · 2026-07-15

H S Grewal

body2026

Judgment text

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CRM-M-37002-2026 (O&M) 1 237 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37002-2026 (O&M) Date of Decision: 15.07.2026 RAHUL KUMAR ... PETITIONER VERSUS STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Ms. Dolli Sharma, Advocate for the petitioner. (through video conferencing) H.S. GREWAL, J. (ORAL) 1. The petitioner is seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (Section 439 Cr.P.C.) in FIR No. 69 dated 20.12.2025, under Sections 21, 27-A, 29, 61, and 85 of the NDPS Act 1985, registered at Police Station Mattewal, District Amritsar Rural. 2. The case of the prosecution is that on 20.12.2025 during patrolling, the police party apprehended the petitioner along with co-accused on the basis of suspicion. During search, 29 grams of Heroin, one weighing machine and drug money amounting to the tune of Rs.1,000/- has been recovered from the petitioner. 3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner is in custody for the last 06 months and 23 days. He, thus, prays for grant of bail to the petitioner. 4. Notice of motion. 5. Mr. Subhash Godara, Addl. A.G., Punjab accepts notice on behalf of the State and has vehemently opposed the prayer for grant of regular bail to JANKI BHATT 2026.07.16 18:20 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-37002-2026 (O&M) 2 the petitioner on the ground of gravity of allegations. He has filed the custody certificate in the Court today and the same is taken on record. He further submits that as per the custody certificate, the petitioner is in custody for the last 06 months and 23 days. 6. I have heard the learned counsel for the parties and perused the record. 7. After hearing the rival contentions of the learned counsel for the parties and keeping in view the facts and circumstances of the case that the petitioner is in custody for the last 06 months and 23 days; trial is pending and is likely to take time; as such, continuous detention of the petitioner would not serve the ends of justice, this Court has no option but to grant the concession of regular bail to the petitioner 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 bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial 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 while on bail so granted through the instant order, if the petitioner is found indulging in any other criminal case, it shall be open to the State to seek cancellation of his bail. 11. Pending miscellaneous application(s), if any, shall also stand disposed of. (H.S.GREWAL) 15.07.2026 JUDGE Janki Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JANKI BHATT 2026.07.16 18:20 I attest to the accuracy and integrity of this document High Court Chandigarh