Prayer in the present petition filed under Section 483 of
BNS, 2023 is for grant of regular bail to the petitioner in case FIR No.96
dated 21.07.2021, registered at Police
Police Station Sadar Patti, District Tarn
Taran, under Sections 307, 332, 333, 353, 186 and 34 IPC, Sections 25
and 27 of the Arms Act, Sections 21 and 29 NDPS Act (later on added
Section 201 IPC).
2. Learned counsel contends that the petitioner has been in
custody for 3 years and about 11 months. He alleges false implication.
Injury
njury attributed to the petitioner was simple in nature, as per the opinion
of the doctor, Annexure P-4.
P The alleged recovery of 960 grams of heroin
was effected from beneath the driver seat of the car in which he was
PARVEEN KUMAR
travelling, thus, it is
Charges have been
framed on 13.04.2023, however, 15 PWs, including material witnesses
stand examined and there are still 18 more to go. He is not involved in any
other case.
3. The custody certificate dated 03.08.2026, filed by the learned
State counsel is taken on record. As per the same, the petitioner is behind
bars for 3 years, 10 months and 22 days.
4. Learned State counsel opposes the bail on the ground that
commercial quantity of contraband was recovered from the vehicle owned
by the co-accused in which the petitioner was a passenger and he is also
stated to have fired upon the police party. However, she is unable to
controvert the submissions with regard to stage of the case and the
petitioner being not involved in any other case.
5. Heard.
7. The petitioner is ordered to be released on regular bail,
subject to furnishing bail/surety bonds to the satisfaction of trial
Court/Duty Magistrate concerned, if not required in any other case and
shall abide by the following conditions:-
(i) The petitioner will not tamper with the evidence
during the trial.
(ii) The petitioner will not pressurize/ intimidate the
prosecution witnesses.
(iii) The petitioner will appear before the trial Court
on each and every date fixed, unless is exempted
by a specific order of Court.
(iv) The petitioner shall not commit an offence
similar to the offence of which, he is an accused,
or for commission of which he is suspected of.
(v) The petitioner shall not directly or indirectly
coerce, induce, threaten or promise to any
person acquainted with the facts of the case so
as to dissuade him/ her from disclosing such
facts to the Court or to any police officer or
tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse
his liberty.
(vii) The petitioner shall furnish his address and
mobile number by way of an affidavit to the trial
Court and not change the same till conclusion of
trial and if for any reasons, he seeks to change
either of the aforesaid, it shall be done only with
prior information to the learned trial Court.
(viii) The petitioner shall not leave the country
without prior permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose
any other condition, as deemed appropriate
while releasing the petitioner.
8. It is made abundantly clear that in case there is any breach of
the aforesaid conditions, the State shall be at liberty to seek cancellation
of bail as granted to the petitioner by this order.
9. In view of the above, it is clarified that the observations
made herein above are limited for the purpose of present proceedings and
would not be construed as any opinion on the merits of the case and the
trial would proceed independently of the aforesaid observations.
