Ravi Dutt Sharma vs State of Haryana

H.S. Grewal, J.(Oral)

This petition has been filed under Section 483 BNSS, 2023 [Erstwhile Section 439 Cr.P.C.] praying for grant of regular bail to the petitioner in case FIR No. 603 dated 29.08.2024, Under Sections 22-C and 29 of NDPS Act 1985 and Section 238-A of Bharatiya Nyaya Sanhita 2023, registered at P.S. HTM Hisar District Hisar.

The case of the prosecution is that on 29.08.2024, the petitioner was apprehended with 50 boxes/packets containing 37,500 Alprazolam tablets. He was arrested and, in his disclosure statement, named the accused Roshan Lal as the supplier. During investigation, Roshan Lal joined the investigation on 06.01.2025.

Learned Senior counsel for the petitioner submits that the petitioner has been falsely implicated and has not committed any offence. It is further argued that the provisions of Section 42 of the Act were not complied with by the Investigating Agency, as the present FIR was registered on the basis of secret information, which was neither reduced into writing nor forwarded to the immediate superior officer. It is contended that the petitioner has been in custody since 29.08.2024 and, therefore, seeks grant of regular bail.

Learned State counsel has opposed the prayer for grant of regular bail on the ground that allegations against the petitioner are serious. He has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 02 years and 02 days.

I have heard the submissions made by the parties and gone through the record.

Keeping in view the facts and circumstances of the case and the fact that the petitioner is in custody for the last 02 years and 02 days coupled with the fact that the trial is yet to commence, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail 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/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case.

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