Darshan Singh vs State Of Haryana

Manisha Batra, J.

Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 97 dated 25.04.2025 registered under Sections 15-C, 27, 27-A and 29, 60 of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short ‘NDPS Act’) and Sections 238(C), 345(3) of BNS, 2023 at Police Station Kalanaur, District Rohtak.

As per the allegations, on 25.04.2025, a secret information was received to the effect that a Skoda make vehicle bearing registration No. RJ29-CA-2657 was found parked near Kherari turn from quite some time and it was carrying some contraband. Believing the secret information to be true, a raiding party was immediately formed which reached at the informed place, where the abovementioned vehicle was found parked abandoned. On checking, 19 plastic bags containing 02 quintal 51 kilogram and 100 grams of poppy husk were found kept in the same which were taken into possession along with the vehicle. Investigation proceedings were initiated. Another number plate bearing No. UK-07BD-1011 was found kept beneath the seat which was also taken into possession. On checking the record of the FASTag, one mobile number was found attached with the same and the name of the user of the said mobile phone number was detected to be of one Kuldeep Singh s/o Kulwinder Singh. The call detail record of said Kuldeep Singh was procured and it was revealed that the present petitioner Darshan Singh had been using the same. The petitioner was accordingly nominated in this case as an accused and was arrested on 27.04.2025. He suffered disclosure statement admitting his involvement in the crime. Some other persons were also nominated in this case. Investigation now stands completed and challan has been filed.

It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR. No recovery was effected from his possession. The only allegation against him is that he was using the mobile number, which was registered with the FASTag found on the aforesaid car. He has been in custody since 27.04.2025. He has clean antecedents. Investigation has since been completed. Challan has been filed. Conclusion of trial is likely to take considerable time. His continued detention would not serve any useful purpose. Co-accused Naresh Kumar Dhaker has already been granted concession of regular bail by this Court. On parity, the petitioner too deserves to be given the same benefit. Hence, it is urged that the petition deserves to be allowed.

Per contra, learned State counsel has argued that keeping in view the gravity of the allegations levelled against the petitioner, he is not entitled to get benefit of bail. Hence, it is urged that the petition is liable to be dismissed.

This Court has heard the rival submissions of learned counsel for the parties.

The petitioner is alleged to be involved in the transportation of 02 quintal 51 kilograms and 100 grams of poppy husk, which was recovered from a vehicle found parked in an abandoned condition. The petitioner was not arrested from the spot. No recovery was effected from his conscious possession. His implication in the present case is primarily based on the allegation that he was using the mobile number linked with the FASTag of the vehicle in question. Investigation stands completed and challan has already been presented. The petitioner has been in custody since 27.04.2025. He has no criminal antecedents. The trial is likely to take considerable time to conclude. Co-accused Naresh Kumar Dhaker has already been granted the concession of regular bail by this Court. The principle of parity also weighs in favour of the petitioner. Keeping in view the aforesaid facts and circumstances, this Court is of the considered view that the petitioner deserves the concession of regular bail. Accordingly, the petition is allowed and the petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned.

It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case.