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Judgment
N.S.SHEKHAWAT, J. (Oral)
The petitioner has filed the present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in case FIR No. 131 dated 01.05.2026, registered under Sections 21(C) and 29-61-85 of the NDPS Act, at Police Station Hathin, District Palwal, Haryana (Annexure P-1).
Learned counsel for the petitioner contends that as per the prosecution case, 257.46 grams of heroin was recovered from Azru, co-accused. The petitioner was neither named in the FIR nor was present at the spot along with co-accused Azru. He further submits that the petitioner has been nominated as accused in the present case only on the basis of the disclosure statement suffered by his co-accused Azru, and there is no other evidence against him. The petitioner was arrested in the present case on 6th May 2026 and the challan has already been presented against him. He further submits that the quantity of contraband was again weighed by the Special Court and the total quantity was found to be 236.66 grams, which was non-commercial in nature.
On the other hand, learned State counsel has vehemently opposed the prayer made by the learned counsel for the petitioner on the ground that there are serious allegations against the petitioner and the petitioner is not entitled for the concession of regular bail.
I have heard learned counsel for the parties and perused the record.
In the present case, the allegations levelled against the petitioner are serious in nature; however, no recovery was effected from him. It is also admitted fact that the prosecution is yet to lead evidence regarding the involvement of the petitioner in the crime. The petitioner is stated to be in custody for the last about four months and no useful purpose will be served by sending him behind the bars.
In view of the above, without commenting any further on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned.