Punjab-Haryana High Court
Arjun Kumar vs State Of Punjab on 12 March, 2025
Author: Rajesh Bhardwaj
Bench: Rajesh Bhardwaj
Neutral Citation No:=2025:PHHC:035272
CRM-M-13002-2025 1
237
THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.13002 of 2025
Date of Decision: 12.03.2025
Arjun Kumar ..... Petitioner
Versus
State of Punjab ..... Respondent
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present: Ms. Anju Sharma Kaushik, Advocate
for the petitioner.
Mr. J.S. Arora, D.A.G., Punjab.
RAJESH BHARDWAJ, J. (ORAL)
1. Present is the second petition filed by the petitioner seeking regular bail in case FIR No.140 dated 27.06.2022, under Sections 21/21-C/29 and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station STF, Phase-4, Mohali, District SAS Nagar, Mohali.
2. The brief facts of the case are that on 27.06.2022, secret information was received that Harpreet Singh alias Baby alias Bobby son of Harbans Singh, Arjun son of Ashok Kumar and Vishal alias Vinay were dealing in the supply of Amphetamine (ICE). On that day, Harpreet Singh alias Bobby and Arjun would be going to supply Amphetamine (ICE) on motorcycle and could be apprehended with the same. Based on the information, the FIR came to be registered. Harpreet Singh alias Bobby and Arjun were seen travelling on a motorcycle Honda Dream bearing No.PB-10-EU-6811 and were signalled to stop. They were 1 of 3 ::: Downloaded on - 13-03-2025 15:16:53 ::: Neutral Citation No:=2025:PHHC:035272 CRM-M-13002-2025 2 apprehended. From the bag being carried by them, the recovery of 02 Kgs. Amphetamine (ICE) was effected.
3. During investigation, Harpreet Singh alias Bobby and Arjun suffered their disclosure statements stating that Vishal alias Vinay had sent them with Amphetamine (ICE) to supply the same to his customers and that Vishal alias Vinay had kept the huge quantity of the same at his house which they could get recovered. Based on their disclosure statement, the recovery of 18 kgs. 800 grams of Amphetamine (ICE) was effected from the house of Vishal alias Vinay.
4. Vishal alias Vinay was arrested on 03.07.2022 and he suffered disclosure statement leading to the additional recovery of 09 kgs. 400 grams of Amphetamine (ICE).
3. Learned counsel for the petitioner, at the outset, prays for the grant of bail on the basis of parity with that of the co-accused. He has drawn the attention of this Court to the order passed by the Coordinate Bench in CRM-M-52556-2024 dated 23.01.2025 whereby co-accused of the petitioner, namely, Harpreet Singh @ Bobby, has been granted the concession of bail. He has submitted that case of the petitioner is at par with the co-accused, who has been granted bail by this Court. He submits that on the basis of the parity, petitioner deserves to be granted bail as case of the petitioner is similar to that of the co-accused, who has already been granted bail.
4. Learned counsel for the State although has opposed the prayer of the petitioner yet endorsed the fact that the case of petitioner is at par with co-accused, namely, Harpreet Singh @ Bobby, who has already been granted bail by this Court. He has produced the custody certificate of the petitioner on record, as per which, petitioner is not 2 of 3 ::: Downloaded on - 13-03-2025 15:16:54 ::: Neutral Citation No:=2025:PHHC:035272 CRM-M-13002-2025 3 involved in any other case under the NDPS Act.
5. After hearing learned counsel for the parties and perusing the record, it is apparent that the petitioner is behind bars since 27.06.2022 and nothing has been recovered from the petitioner. Admittedly, co- accused of the petitioner, namely, Harpreet Singh @ Bobby, has already been granted bail by the Court vide order dated 23.01.2025 passed in CRM-M-52556-2024.
6. The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court.
7. This Court would refrain itself from commenting anything on the merits of the case. Keeping in view the arguments raised by both the sides and perusing the record, the Court is of the opinion that learned counsel for the petitioner succeed in making out a case for the grant of bail to the petitioner on the basis of parity with the co-accused as stated above. Accordingly, present petition is allowed and petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case.
(RAJESH BHARDWAJ)
12.03.2025 JUDGE
ps-I
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
3 of 3
::: Downloaded on - 13-03-2025 15:16:54 :::