Research › Search › Judgment

High Court of Punjab and Haryana · body

2026 DAILYLAW 34617 (PNJ)

RAJNISH KUMAR ALIAS RINKU v. STATE OF HARYANA

CRM-M/20845/2026 · 2026-07-27

Sanjay Vashisth

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-20845-2026(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 229 CRM-M-20845-2026 Decided on :27.07.2026 Rajnish Kumar alias Rinku . . . Petitioner(s) Versus State of Haryana . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Gursher Singh Dhillon, Advocate for the petitioner. Mr. Ruchi Sekhri, Addl .A.G., Haryana. **** SANJAY VASHISTH , J. (Oral) 1. Present Second petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking concession of regular bail in case FIR No.55 dated 25.01.2025, under Sections 22(c) and 29, 61, 85 of NDPS Act and Sections 238, 215, 318(4), 336(3), 338, 340(2),111 BNS (corresponding to Sections 201, 215, 420, 463, 467, 471, 107 IPC), registered at Police Station Krishna Gate, District Kurukshtra. First petition i.e. CRM-M-22799-2025 was dismissed as withdrawn vide order dated 29.10.2025(P-3). 2. As per the prosecution case, on the basis of secret information, police party received information regarding the petitioner. Thereafter, raid was conducted, during which the petitioner was noticed walking in the lane while carrying a bag in his right hand and coming from the direction of Salarpur Road. On being pointed out by the secret RASHMI 2026.07.29 10:23 I attest to the accuracy and integrity of this document CRM-M-20845-2026(O&M) 2 informer, petitioner-Rajnish @ Rinku was identified and apprehended. On conducting a search of the said bag, a total of 5,280 Tramadol tablets were recovered therefrom. After registration of the FIR and arrest of the petitioner, on the basis of disclosure statements recorded from time to time, total of 15 accused persons were found to be involved. However, at the first instance, the challan was presented on 24.09.2025 only against five accused persons. Subsequently, a supplementary challan was presented on 24.03.2026 against six more accused persons, whereas four other accused persons are yet to be arrested. Out of total 41 prosecution witnesses, only one witness has been examined till date. 3. Learned counsel for the petitioner submits that he is not pressing the prayer for regular bail at this stage. However, referring to the medical opinion available on record, it is submitted that the petitioner requires abdominal surgery. Learned counsel submits that the said aspect has not been clearly dealt with in the status report dated 25.07.2026. 4. Referring to the medical opinion, Mr. Gursher Singh Dhillon, Advocate submits that the petitioner, who is about 50 years of age, is undoubtedly suffering from a serious ailment. However, as per the opinion of the Medical Board, the condition of the petitioner is not alarming at present. At the same time, it has been observed that the petitioner may undergo surgery at any time in future on an elective basis. RASHMI 2026.07.29 10:23 I attest to the accuracy and integrity of this document CRM-M-20845-2026(O&M) 3 Learned counsel further points out that, as per the blood test report, the haemoglobin level of the petitioner has been recorded as 4g/dl. It is argued that the condition of the petitioner may deteriorate at any point of time and, therefore, he deserves an opportunity to get himself examined by doctors of his choice in consultation with his family members. Accordingly, learned counsel prays for grant of interim bail to the petitioner. 5. Learned State counsel has filed custody certificate in Court today. Same is taken on record. 6. It is noticed from the custody certificate that petitioner is an accused only in the present case and no other case is reported to have been registered against him. Petitioner is in custody for a period of last more than one year and five months, and trial is not likely to culminate in the near future. However, without giving much significance to the stage of trial and keeping in view the status reports placed on record, this Court deems it appropriate to consider the prayer for interim bail made by learned counsel for the petitioner while not pressing the petition for regular bail. In the first medical report dated 20.05.2026, appended with the first status report, it has been mentioned as under: “mild terminal ileal wall thickening with few small mesenteric lymph nodes, likely inflammatory/infective in etiology * Small uncomplicated umbilical hernia with approximately 12 mm neck. * Few small simple cortical cysts in the left kidney.” RASHMI 2026.07.29 10:23 I attest to the accuracy and integrity of this document CRM-M-20845-2026(O&M) 4 Thereafter, petitioner was referred to the Department of Surgery and he was prescribed medicines. From the status report filed today along with the medical opinion, it becomes apparent that petitioner may require abdominal surgery in future. The relevant extract of the report reads as under: “ 3. That in compliance of order dated 03.07.2026 the answering respondent conducted the medical of petitioner from the board of doctors of PIMER Rohtak and as per medical report of board of doctors the medical condition of petitioner is not alarming and he can be operated anytime in the future on elective basis. The copy of medical report of doctors of PGIMS Rohtak is enclosed herewith as Annexure R-1/A for kind perusal of this Hon'ble Court.” 5. Considering the facts and circumstances of the case in their entirety, health condition of the petitioner, and also noticing that out of the total 41 prosecution witnesses, only 01 witness has been examined till date, this Court finds that petitioner deserves an opportunity to undergo the required medical treatment. It is also noticed that petitioner is about 50 years of age and there is no material on record to suggest his involvement in any other offence punishable under the provisions of the NDPS Act. 6. Accordingly, oral prayer made by learned counsel for the petitioner for grant of interim bail for a period of two months is allowed. Petitioner is ordered to be released on interim bail for a period of two months, subject to his furnishing bail bonds and 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. 7. After expiry of the aforesaid period, petitioner shall surrender before the jail authorities on 28.09.2026 by 05:00 p.m. RASHMI 2026.07.29 10:23 I attest to the accuracy and integrity of this document CRM-M-20845-2026(O&M) 5 8. It is made clear that after undergoing the required treatment and surrendering before the jail authorities, petitioner shall be at liberty to apply for regular bail only if the trial has not concluded despite completion of two years of incarceration. (SANJAY VASHISTH) JUDGE 27.07.2026 Rashmi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RASHMI 2026.07.29 10:23 I attest to the accuracy and integrity of this document