ASHOK KUMAR ALIAS ASHOK KUMAR YADAV v. STATE OF HARYANA
CRM-M/29078/2026 · 2026-07-22
Sanjay Vashisth
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33218 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33218 (PNJ) · dailylaw.ai ]
Judgment text
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CRM-M-29078-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 240
CRM-M-29078-2026 Decided on : 22.07.2026 Ashok Kumar @ Ashok Kumar Yadav . . . Petitioner(s) Versus State of Haryana
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Mayank Yadav, Advocate for the petitioner(s). Mr. Pawan Kumar Garg, AAG, Haryana. **** SANJAY VASHISTH, J. (Oral)
1. 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 here-under:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District Ashok Kumar @ Ashok Kumar Yadav 119 13.04.2026 22(b) of NDPS Act, 1985 Narnaul Mahendergarh
2. As per case of the prosecution, initially one accused, namely Vishnu Dutt was arrested on 13.04.2026 alongwith 220 Capsules of Proxyco SPAS (Dicyclomine Hcl Tramadol Hcl and Acetaminophen Capsules). On the basis of disclosure statement made by said accused, petitioner who runs a medical record was also named as one of the accused. When petitioner was arrested, 296 Tramadol Capsules with a total weight of 14.8 grams were recovered from his REENA 2026.07.24 13:16 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-29078-2026 possession.
3.
Learned counsel for the petitioner submits that small quantity threshold for Tramadol is 5 grams whereas non-commercial quantity of Tramadol is more than 250 grams. Thus, recovered quanitty is well below the commercial threshold of 250 grams. Further, petitioner is inside jail for the last more than a period of 03 months and 05 days (since 14.04.2026) and being first time offender, he may be granted concession of regular bail.
4. On the other hand, learned State counsel has produced the custody certificate dated 20.07.2026 in Court today, which is taken on record. Office is
directed to tag the same at the appropriate place. A copy thereof has been handed over to learned counsel for the petitioner.
5. Learned State counsel, while opposing the prayer for bail, submits that though petitioner is first time offender but he is not entitled for any concessional relief because quantity recovered is almost triple to the small quantity.
6. I have heard learned counsel for the parties and perused the relevant material available on record with their able assistance.
7. In routine such accused requires to remain inside jail atleast for a period of 06 months. However, considering that petitioner is aged 56 years and is never found indulged in any similar activity in his past career, the veracity of allegation, thus, need to be proved by prosecution beyond doubt by leading substantial evidence in support thereof. Furthermore, petitioner needs to be afforded one more chance to rehabilitate himself.
8. Accordingly, without commenting upon the merits of the case, and keeping in view the overall facts and circumstances, nature of allegations, period REENA 2026.07.24 13:16 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-29078-2026 of incarceration already undergone, and the stage of trial, this Court deems it a fit case for grant of regular bail to the petitioner. Consequently, prayer made in the present petition is allowed. 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.
9. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.
10. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law.
11. Petition stands disposed of. Misc. application(s), if any, also stand disposed of.
(SANJAY VASHISTH) JUDGE July 22, 2026 reena Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No REENA 2026.07.24 13:16 I attest to the accuracy and integrity of this document Chandigarh