Punjab-Haryana High Court
Tarun Kumar vs State Of Haryana on 4 July, 2024
CRM-M-30138-2024 -1-
CRM-M-30197-2024
CRM-M-30335-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.223 (3 cases)
Case No. : CRM-M-30138-2024
Date of Decision : July 04, 2024
Tarun Kumar .... Petitioner
vs.
State of Haryana .... Respondent
Case No. : CRM-M-30197-2024
Date of Decision : July 04, 2024
Sandeep Singh .... Petitioner
vs.
State of Haryana .... Respondent
Case No. : CRM-M-30335-2024
Date of Decision : July 04, 2024
Suraj .... Petitioner
vs.
State of Haryana .... Respondent
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. Mukesh Yadav, Advocate
for the petitioner(s) in
CRM-M-30138-2024 & CRM-M-30197-2024.
Mr. Himanshu Garg, Advocate
and Mr. Aditya Sanghi, Advocate
for the petitioner in CRM-M-30335-2024.
Mr. Yuvraj Shandilya, AAG, Haryana
for the respondent-State.
* * *
GURBIR SINGH, J. :
1. Vide this common judgment, three bail petitions detailed above
MONIKA i.e. CRM-M-30138-2024, CRM-M-30197-2024 & CRM-M-30335-2024
CRM-M-30197-2024
CRM-M-30335-2024
shall be decided as all these three petitions arise out of the same occurrence.
However, for the sake of convenience, facts are being taken from CRM-M-
30138-2024 titled Tarun Kumar vs. State of Haryana.
2. Prayer in all the aforesaid three petitions, filed under Section 439
Cr.P.C., is for grant of regular bail to the petitioner(s), in case FIR No.69
dated 26.03.2024, under Sections 21/29/58(2)-61-85 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (for short - NDPS Act) and Section
120-B IPC (Section 27-C of the NDPS Act added subsequently), registered
at Police Station City Mahendergarh, District Mahendergarh.
3. Status Report(s), by way of affidavit of Mohammad Jamal, HPS,
Deputy Superintendent of Police, Mahendergarh, filed in two out of three
cases CRM-M-30138-2024 and CRM-M-30197-2024, on behalf of
respondent - State of Haryana, are taken on record, subject to all just
exceptions.
4. Brief facts of the case, as per prosecution version, are that on
26.03.2024, ASI Sanjeet along with some other officials, was present at
Satnali Turn, Mahendergarh in connection with patrolling duty, where a
secret informer met him and informed that Chirag son of Birender was
indulging in selling narcotic substances. On that day, he was having smack
in his motorcycle bearing registration No.HR-34-G-8818 and was present
opposite the Court Complex. If raid was conducted, then he could be
apprehended. After preparing notice under Section 42 of the NDPS Act,
raid was conducted at the disclosed place. Chirag was present there. On
search of his motorcycle in the presence of Gazetted Officer, a plastic pouch
CRM-M-30197-2024
CRM-M-30335-2024
containing smack was recovered from his motorcycle. On weighing, the
same was found to be of 08 grams 63 milligrams. After completing
necessary formalities, FIR No.69 dated 26.03.2024 was got registered.
Further investigation was conducted by SI Govind, who reached at the spot.
He interrogated Chirag and found the matter suspicious. DSP Mohammad
Jamal was called at the spot and Chirag was interrogated in presence of the
witnesses, upon which DSP gave the direction not to arrest Chirag as the
matter was suspicious. During further interrogation, the above said Chirag
disclosed that a fight took place on 24.02.2024 between his brother Jatin and
himself (Chhahat @ Chirag), Deepak @ Gail, Manish, Sandeep, Dheeraj @
Thekdi and six other persons, who had inflicted injuries to him and his
brother Jatin, wherein his hand was broken, upon which, his brother Jatin got
registered a case i.e. FIR No.47 dated 28.02.2024, under Sections 148, 149,
323, 455 and 506 IPC, at Police Station City Mahendergarh. He further told
that the above named accused persons were making pressure upon him and
his family by threatening them to implicate them in false case if compromise
is not made by them. He further stated that he did not know who kept the
smack in his motorcycle.
5. On 27.03.2024, secret informer namely Tarun Kumar was called
and joined in the investigation. During interrogation, he suffered disclosure
statement, wherein he admitted to have been involved in the present crime
and disclosed that on 25.03.2024, Sandeep and Deepak came to him and told
that they had hidden a white foil under the seat of Chirag's motorcycle and
further, they should inform the police and get him caught. As per the advice
CRM-M-30197-2024
CRM-M-30335-2024
of his friends, he informed the police. On 27.03.2024, Sandeep and Deepak
@ Gail were joined in the investigation and were arrested. Further, on the
disclosure statement of Sandeep, Suraj and Chirag @ Chhahat were joined
in investigation and were arrested in this case. Petitioner Suraj suffered his
disclosure statement, in pursuance of which, Rs.2,000/- got recovered, which
was received by him by selling smack.
6. Learned counsel for the petitioner(s) have submitted that the
petitioner(s) have been falsely implicated in this case. No recovery has been
effected from them. No direct evidence is there against them and as far as
disclosure statements are concerned, the same would be a subject matter of
consideration during trial, which would certainly not conclude very soon.
So, it has been prayed that the present petitioner(s) be released on bail.
7. Learned State counsel, on the other hand, while opposing the bail
petition(s), reiterated the aforesaid prosecution version and prayed for
dismissal of bail petitions before this Court.
8. I have heard learned counsel for the petitioner(s) as well as learned
State counsel representing the State of Haryana.
9. Petitioners Tarun and Sandeep were arrested on 27.03.2024,
whereas petitioner Suraj was arrested on 29.03.2024. The recovery in this
case was effected from Chirag, who was not even arrested by the police and
was let off. The matter was suspicious. The said recovery is of non-
commercial quantity. No recovery of any contraband is effected from the
present petitioner(s) in pursuance of their disclosure statements made by
them in custody before the police. The case is at the initial stage and
CRM-M-30197-2024
CRM-M-30335-2024
completion of trial will take a long time. No useful purpose would be served
by keeping the petitioner(s) behind bars for a long period. Accordingly,
without commenting upon the merits of the case, all the three petitions i.e.
CRM-M-30138-2024, CRM-M-30197-2024 & CRM-M-30335-2024 are
allowed and the petitioner(s) are directed to be released on regular bail, on
furnishing personal bonds in the sum of Rs.50,000/- each, with one surety of
the like amount, subject to the satisfaction of learned Trial Court/Duty
Magistrate concerned.
10. Nothing contained herein above shall be construed as an
expression of opinion on the merits of the case.
11. Pending applications, if any, shall stand disposed of along with
the present petition.
July 04, 2024 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
