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Judgment
N.S.Shekhawat J.
The petitioner has filed the instant petition under Section 483 of Bhartiya Nyaya Suraksha Sanhita, 2023 (for short BNSS, 2023) [prior Section 438 of Cr.P.C.] with a prayer to grant regular bail to him in case FIR No.14 dated 10.01.2025, registered under Sections 21, 27, 27-A and 29 of the NDPS Act, 1985, Section 238 of BNS, 2023 (Section 201 IPC) and Section 52-A of Prisons (Punjab Amendment), Act, 2011, Police Station Special Task Force (STF), District SAS Nagar (Mohali).
Learned counsel for the petitioner contends that in the present case, on the basis of a secret information co-accused Lakhwinder Singh and Satvir Singh @ Laddi were arrested by the police and 400 grams of heroin was recovered from their conscious possession without any permit or license. Learned counsel further submits that the petitioner was neither named in the FIR nor any evidence could be collected during the course of investigation to connect him with the commission of crime. Learned counsel further submits that during investigation, the police had recorded the statement of Satvir Singh @ Laddi, who had named Gurdhian Singh as an accused in the present case. Later on Gurdhian Singh also suffered a disclosure statement and named Jugraj Singh and the present petitioner as an accused. Therefore, the petitioner was arrested on the second disclosure statement of the co-accused, which is not admissible. It is thus prayed that present petition be allowed.
On the other hand, learned State counsel has vehemently opposed the submissions made by the petitioner on the ground that the petitioner has actively participated in the commission of crime. Dismissal of the petition is prayed for.
I have heard learned counsel for the parties and perused the record carefully.
In the present case, the petitioner has been nominated on the second disclosure statement made by the co-accused Gurdhian Singh on 21.01.2025 whereas in his first disclosure statement, the name of the present petitioner was not mentioned. Furthermore, co-accused of the petitioner namely Mandeep Singh, Shivam Sharma and Harmanjeet Walia have been granted the concession of bail by a co-ordinate Bench of this Court vide order dated 10.03.2026, Annexure P-2. Thus, even on the ground of parity, the petitioner is entitled to concession of bail. The petitioner is in custody since long and his custody will not serve any purpose. Moreover, there is no material on record to show that the petitioner may influence the prosecution witnesses.
Without commenting any further on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned.