Punjab-Haryana High Court

Abhishek Kumar vs State Of Haryana on 19 November, 2025

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        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                            CHANDIGARH
                         CRM-
                         CRM-M-52064-
                                   52064-2025
Abhishek Kumar
                                               ....Petitioner
                                                 Petitioner
                                 versus
State of Haryana
                                              ....Respondent
Date of decision: November 19,
                           19, 2025
Date of Uploading: November 19, 2025

CORAM:      HON'BLE MR. JUSTICE SUMEET GOEL

Present:-
Present:    Mr. Sauhard Singh Hooda, Advocate for the petitioner.

        Ms. Priyanka Sadar Thakur, Senior DAG Haryana.
                             *****
SUMEET GOEL,
       GOEL, J. (ORAL)

Present petition has been filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ''BNSS') for grant of

regular bail to the petitioner in case bearing FIR No No.406 dated 06.08.2024,,

registered for the offences offences punishable under Section 18 of the Narcotic

Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act')

[Section 29 of the NDPS Act and Section 238 of the BNS, 2023

(corresponding to 201 IPC) added later on on], at Police Station Sadar

Thanesar, District Kurukshetra.

2. The gravamen of the allegations against the petitioner is that he

is an accused of being involved in an FIR pertaining to NDPS Act involving

2 kg 800 grams of opium allegedly recovered from the co-accused accused of the

petitioner, namely, Gurpreet Singh, on 06.08.2024 by the police. The said

co-accused, nominated the present petitioner, petition , in his disclosure.

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3. Learned counsel for the petitioner has iterated that the petitioner

is in custody since 02.07.2025. Learned counsel has further argued that the

petitioner has been falsely implicated into the FIR in question. Learned

counsel has argued that mandatory provisions of the NDPS Act have not

scrupulously been complied with, and thus, the prosecution case suffers

from inherent defects. Learned counsel has further iterated that sole basis to

array the petitioner as an accused is the disclosure statement of co-accused,

namely, Gurpreet Singh; and the said co-accused has already been granted

concession of regular bail by this Court, vide order dated 11.09.2025 passed

CRM--M-44124 in CRM 44124--2025. Learned counsel has further iterated that the

petitioner has suffered incarceration for more than 04 months. Thus, regular

bail is prayed for.

4. Learned State counsel has opposed the present petition by

arguing that the allegations raised against the petitioner are serious in nature

and, thus, the petitioner does not deserve the concession of the regular bail.

Learned State counsel seeks to place on record custody certificate dated

18.11.2025, in the Court today, which is taken on record.

5. I have heard counsel for the rival parties and have gone through

the available records of the case.

6. The petitioner was arrested on 02.07.2025, whereinafter,

investigation was carried out and the challan qua the petitioner has been

presented on 14.11.2025. Total 21 prosecution witnesses have been cited,

but none has been examined till date. The petitioner has been implicated as

an accused in the FIR in question solely on the basis of disclosure statement

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of co-accused, namely, Gurpreet Singh from whom the alleged contraband

was recovered, and the said co-accused has already been granted concession

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of regular bail by this Court, vide order dated 11.09.2025 passed in CRM

44124--2025. As per the prosecution version, there is no other material M-44124

available to connect the petitioner with the contraband except for the said

disclosure statement. It is pertinent to note that such disclosure statements, in

the absence of corroborative evidence hold limited evidentiary value and

cannot be sole basis for implicating the petitioner. The reliance on this

unsubstantiated statement raises serious doubts about the fairness and

objectivity of the investigation. It is not in dispute that the petitioner was not

present at the spot. The veracity and weightage required to be attached to the

disclosure statement made by the co-accused will be fully tested at the time

of trial. The rival contentions raised at Bar give rise to debatable issues,

which shall be ratiocinated upon during the course of trial. This Court does

not deem it appropriate to delve deep into these rival contentions, at this

stage, lest it may prejudice the trial. Nothing tangible has been brought

forward to indicate the likelihood of the petitioner absconding from the

process of justice or interfering with the prosecution evidence.

6.1. At this juncture, it would be apposite to refer to a judgment

Punjab, passed in passed by this Court in Anshul Sardana versus State of Punjab

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CRM-M-65094- 65094-2024 (2025: PHHC:004198), wherein, after relying upon

the ratio decidendi of the judgments of the Hon'ble Supreme Court in Tofan

Singh versus State of Tamil Nadu, AIR 2020 Supreme Court 5592; Smt.

Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu versus State of

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Gujrat, Narcotics Control Bureau, 2024 INSC 290; State by (NCB)

Bengaluru vs. Pallulabid Ahmad Arimutta & Anr.', 2022 (1) RCR

(Criminal) 762; and Vijay Singh vs. The State of Haryana, bearing Special

Leave to Appeal (Crl.) No.(s) 1266/2023, decided on 17.05.2023, has held

thus:

"6.3 It is a well established principle of law that a confession made by a co-accused under Section 67 of the NDPS Act is inherently a very weak piece of evidence. Such statement(s), by themselves, cannot form the sole basis for the conviction of an individual and must be scrutinized with utmost caution in conjunction with other substantive evidence. Moreover, no recovery has been effected from the possession of the petitioner, who has been subsequently implicated as an accused solely on the basis of disclosure statement of the co-accused. However, as regular bail pertains to life and liberty of individual, Courts are obligated to strike a balance between safeguarding personal liberty and ensuring the effective administration of justice as also investigation. The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and are to be adjudicated during the course of the trial in accordance with established principles of law. However, while adjudicating a plea for regular bail, this Court cannot remain oblivious to the circumstances under which the petitioner has been arraigned or implicated, including the nature of the allegations, the evidence linking the petitioner to the offence as well as the specific role attributed to the petitioner in the commission of the alleged offence. A prima facie examination of these factors is essential to ensure that the process of law is not misused, abused or misdirected."

7. As per custody certificate dated 18.11.2025 filed by the learned

State counsel, the petitioner has already suffered incarceration for a period

of 04 months and 15 days. Further, as per the said custody certificate, the

petitioner is stated to be involved in other FIR(s). However, this factum

cannot be a ground sufficient by itself, to decline the concession of regular

bail to the petitioner in the FIR in question when a case is made out for grant

of regular bail qua the FIR in question by ratiocinating upon the

facts/circumstances of the said FIR. Reliance in this regard can be placed

upon the judgment of the Hon'ble Supreme Court in Maulana Mohd. Amir

Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a

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Division Bench judgment of the Hon'ble Calcutta High Court in case of

Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this

Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of

Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3)

RCR (Criminal) 191.

Suffice to say, further detention of the petitioner as an

undertrial is not warranted in the facts and circumstances of the case.

8. In view of above, the present petition is allowed. Petitioner is

ordered to be released on regular bail on his furnishing bail/surety bonds to

the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However,

in addition to conditions that may be imposed by the concerned trial

Court/Duty Magistrate, the petitioner shall remain bound by the following

conditions:

(i) The petitioner shall not mis-use the liberty granted.

(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any, with the trial Court.

(vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial.

(viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail.

In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is

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mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof.

9. In case of breach of any of the aforesaid conditions and those

which may be imposed by concerned trial Court/Duty Magistrate as directed

hereinabove or upon showing any other sufficient cause, the

State/complainant shall be at liberty to move cancellation of bail of the

petitioner.

10. Ordered accordingly.

11. Nothing said hereinabove shall be construed as an expression of

opinion on the merits of the case.