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Judgment
Jaishree Thakur, J
The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.252 dated 23.09.2020, under Section 15 of NDPS Act (Sections 27 and 29 of NDPS Act added later on), registered at Police Station City Hoshiarpur, District Hoshiarpur.
Learned counsel for the petitioner contends that the petitioner herein was taken into custody in the aforesaid FIR on 18.11.2020. It is submitted that the petitioner has been falsely implicated in the present case, as he has been nominated on the basis of a disclosure statement suffered by co-accsed Mansa Hussain Abdul Khalid. It is argued that no recovery has been effected from him neither is he owner of the vehicle in question. It is also contended that investigation is complete, as the challan has already been presented and conclusion of trial will take sufficient time, as such, the petitioner is entitled to be enlarged on bail.
Per contra, learned counsel appearing on behalf of respondent-State, on instructions from the Investigating Officer, opposes the grant of regular bail to the petitioner, while submitting that there is one moe case pending against him. However, she does not dispute the fact that investigation is complete and the challan already stands presented.
I have heard learned counsel for the parties.
In view of the facts that the petitioner herein has been in custody since 18.11.2020 and investigation is complete, as the challan has already been presented, no useful purpose would be served in keeping the petitioner behind bars. At this stage, without commenting on the merits of the case, the instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate.
However, anything observed hereinabove is only for the purpose of deciding the instant petition for grant of regular bail and the same shall have no affect on the merits of the case.