110+213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19345-2026 (O&M) Date of Decision:28.07.2026 Varun Kumar Sharma …Petitioner Vs. State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Sonpreet Singh Brar, Advocate for the petitioner. Mr. Rajiv Sidhu,Sr.DAG, Haryana. *** N.S.Shekhawat J. (Oral) CRM-29270-2026 1. Application is allowed as prayed for, subject to just all exceptions. 2. Annexures P-5 to P-10 are taken on record. Main case 1. The petitioner has filed the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.194, dated 19.07.2024, registered under Section 22 (c) of N.D.P.S Act ( later on added Sections 27 (A) and 29 of NDPS Act, 1985) at Police Station Sadhaura, District Yamuna Nagar (Annexure P-1). 2. Learned counsel for the petitioner contends that as per the case of the prosecution, initially, Nek Mohammad @ Neku was arrested by the police on the basis of a secret information, while he was carrying 528 of Tramadol Hydrochloride, weighing 320.76 grams and the FIR was registered only against HITESH 2026.07.29 10:18 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-19345-2026 (O&M) -2 him. He further contends that petitioner was neither named in the FIR nor he was present at the spot. He has been nominated as an accused on the basis of the statement made by co-accused. Apart from that, there is no legally admissible evidence against him. He was arrested in the present case on 16.08.2025 and his case is at par with Mahipal, who has been granted the concession of bail by this Court, vide order dated 10.11.2025. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that two more FIRs were also ordered to be registered against the petitioner and he is a habitual offender. 4. I have heard the learned counsel for the parties and perused the record carefully. 5. In the present case, it is not in dispute that the petitioner is at par with Mahipal, who has already been granted the concession of bail by this Court. The petitioner is stated to be in custody for the last about one year and the investigation is complete. Thus, further custody of the petitioner will not serve any meaningful purpose. 6. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. HITESH 2026.07.29 10:18 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-19345-2026 (O&M) -3 (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. 7. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. (N.S.SHEKHAWAT) 28.07.2026 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2026.07.29 10:18 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh