CRM-M-38122-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 227 CRM-M-38122-2026 Decided on: 21.07.2026 PRINCE @ KALWA ……Petitioner Versus STATE OF HARYANA ..…Respondent CORAM : HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: - Mr. S.S. Jattan, Advocate, Ms. Sundeep Kaur, Advocate and Mr. J.K. Jindal, Advocate for the petitioner. Mr. Tanuj Sharma, Asstt. AG, Haryana. VIRINDER AGGARWAL, J. (Oral) 1. The present petition has been instituted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), seeking the concession of regular bail pending trial in connection with FIR No. 96 dated 21.03.2026 (Annexure P-1), registered under Section 105 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 304 of the Indian Penal Code, 1860) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Ambala Cantt, District Ambala. GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document CRM-M-38122-2026 -2- 2. Briefly stated, the prosecution case is that on 21.03.2026, the Station House Officer received telephonic information that an individual was lying in an intoxicated condition near the drainage adjoining Balmiki Basti, Balmiki Dharamshala, Ambala Cantt, while his motorcycle was found parked in a nearby street. Acting upon the said information, ASI Rakesh Kumar, accompanied by other police officials, proceeded to the spot and initiated the necessary inquiry. During the search of the person, nothing incriminating was recovered from his person. However, an empty polythene allegedly containing residue of chitta/smack, one used syringe and a mobile phone cover were found lying near the body. 2.1. Thereafter, the family members reached the spot and identified the deceased as Karan Singh, who was immediately shifted to the Civil Hospital, Ambala Cantt, where he was declared brought dead. Subsequently, Jaipal Singh, father of the deceased, submitted a complaint alleging that his son had died due to an overdose of an intoxicating substance and sought legal action against the person who had allegedly supplied the contraband to the deceased. 2.2. During the course of investigation, co-accused Parvej Ahmad was arrested on 04.04.2026, whose disclosure statement allegedly led to the arrest of co-accused Dalip Kumar @ Deepu. Thereafter, co-accused Deepak was also arrested and allegedly disclosed that he and the deceased had consumed heroin/smack together. The present petitioner thereafter came to be nominated and arrested on the allegation that he had supplied the alleged contraband to co-accused Deepak and the deceased Karan GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document CRM-M-38122-2026 -3- Singh within the jurisdiction of Police Station Ambala Cantt. The investigation thereafter proceeded in accordance with law. 3. The custody certificate produced by the learned State counsel is taken on record, subject to all just exceptions. 4. Learned State counsel has vehemently opposed the prayer for grant of regular bail, contending that, having regard to the nature, gravity and seriousness of the allegations, as well as the manner in which the offence is alleged to have been committed, the petitioner does not deserve the concession of regular bail at this stage. It is, therefore, prayed that the present petition, being devoid of merit, deserves to be dismissed. 5. Having bestowed thoughtful consideration to the rival submissions and upon a prima facie appraisal of the material placed on record, this Court finds that the petitioner has remained in judicial custody since 08.04.2026. The allegation against the petitioner is that of being the supplier of the alleged intoxicating substance. It is, however, not disputed that no recovery has been effected from the petitioner, the investigation stands concluded, and the challan has already been presented before the competent Court. Significantly, as on date, the precise cause of death of the deceased Karan Singh has not yet been conclusively ascertained. 5.1. The trial has not substantially progressed and is likely to consume considerable time before reaching its logical conclusion. Consequently, continued incarceration of the petitioner would serve no useful purpose. The right to a speedy trial, being an integral facet of GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document CRM-M-38122-2026 -4- Article 21 of the Constitution of India, also deserves due consideration in the facts and circumstances of the present case. 5.2. Accordingly, without expressing any opinion on the merits of the case, lest it prejudice either side during trial, this Court is of the considered opinion that the petitioner has made out a case for grant of the concession of regular bail. 5.3. Consequently, the present petition is allowed, and the applicant-petitioner is ordered to be released on regular bail, subject to his furnishing requisite bail and surety bonds to the satisfaction of the learned Chief Judicial Magistrate concerned/Illaqa Magistrate/Duty Magistrate, as the case may be, and further subject to the following conditions:- i. The petitioner(s) shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts and circumstances of the case so as to dissuade such person from disclosing such facts before the Court or to the Investigating Agency. ii. The petitioner(s) shall not tamper with the prosecution evidence in any manner whatsoever, nor shall the petitioner(s), directly or indirectly, attempt to influence, intimidate, or contact any prosecution witness. iii. The petitioner(s) shall not leave the territorial limits of India without obtaining the prior permission of the learned Trial Court. In the event any of the petitioner(s) is in possession of a passport, the particulars thereof shall be furnished before the Investigating Officer as well as the learned Trial Court. iv. Before accepting the bail and surety bonds, the learned Illaqa Magistrate/Duty Magistrate/C.J.M. concerned shall obtain from GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document CRM-M-38122-2026 -5- the petitioner(s) the permanent residential address as well as the present correspondence address, duly supported by appropriate documentary proof. The Investigating Officer shall verify the correctness of the said addresses within 48 hours of the acceptance of the bail bonds and place a verification report on record. In the event any of the addresses is found to be false, fictitious, or incorrect, it shall be open to the prosecution to seek cancellation of the concession of bail in accordance with law. v. The petitioner(s) shall furnish before the learned Trial Court, either at the time of furnishing the bail bonds or within such period as may be specified by the Court, the Permanent Account Number (PAN), Aadhaar Number, particulars of all operative bank accounts, and a declaration disclosing details of immovable properties, if any. Any concealment of material particulars or furnishing of false information shall constitute a valid ground for seeking cancellation of the concession of bail in accordance with law. vi. The petitioner(s) shall intimate the Investigating Officer as well as the learned Trial Court, in writing, of any change in residential address or mobile number within seven days of such change. vii. The petitioner(s) shall not commit any offence of a similar nature during the pendency of the trial and shall remain present before the learned Trial Court on each and every date fixed, unless personal appearance is exempted in accordance with law. The petitioner(s) shall not absent from the proceedings without obtaining prior permission of the learned Trial Court. In the event of violation of any of the aforesaid conditions or unauthorized absence from the trial proceedings, it shall be open to the learned GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document CRM-M-38122-2026 -6- Trial Court to proceed in accordance with law, including cancellation of the concession of bail and issuance of appropriate coercive process, including warrants of arrest. 6. In view of the final adjudication of the principal matter, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings shall also stand disposed of accordingly. No separate or further orders are called for in respect of such applications, the same having been rendered infructuous in consequence of the present adjudication. (VIRINDER AGGARWAL) 21.07.2026 JUDGE Gaurav Sorot Whether speaking/reasoned : Yes No Whether Reportable : Yes No GAURAV SOROT 2026.07.22 11:01 I attest to the accuracy and integrity of this document