Akashdeep Singh vs State of Punjab

The petitioner is seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in FIR No.13 dated 16.01.2024, registered under Sections 21-C, 29 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Jandiala, District Amritsar.

The case of the prosecution is that on 16.01.2024, the Police has recovered 273 grams of heroin from the conscious possession of the petitioner, which falls under the commercial category.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner is in custody for the last 02 years, 07 months and 13 days and out of total cited 08 prosecution witnesses, only 02 witnesses have been partly examined so far. He prays for grant of regular bail to the petitioner.

Notice of motion.

Mr. Subhash Godara, Addl. A.G., Punjab accepts notice on behalf of the State and vehemently opposes the prayer for grant of regular bail to the petitioner on the ground of gravity of allegations. Learned State counsel has filed the custody certificate in Court, which is taken on record. He further submits that as per the custody certificate, the petitioner is in custody for the last 02 years, 07 months and 13 days and out of total cited 08 prosecution witnesses, only 02 witnesses have been partly examined.

I have heard the learned counsel for the parties and perused the record.

The perusal of the zimni orders shows that the official witnesses are not appearing before the Court to depose against the petitioner inspite of non-bailable warrants having being issued against them.

After hearing the rival contentions of the learned counsel for the parties and keeping in view the facts and circumstances of the case that the the official witnesses are not appearing before the Court to depose against the petitioner, the petitioner is in custody for the last 02 years, 07 months and 13 days; out of total cited 08 prosecution witnesses, only 02 witnesses have been partly examined so far; the trial of the case is progressing at a low pace and conclusion of trial would take long time and continuous detention of the petitioner would not serve the ends of justice, this Court has no option but to grant the concession of regular bail to the petitioner during the pendency of the trial.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

It is clarified that while on bail so granted through the instant order the petitioner is found indulging in any other criminal case, it shall be open to the State to seek cancellation of his bail.