AI Structured Summary
Not yet generated for this judgment
Judgment
ALOK JAIN, J. (Oral)
The present petition has been filed seeking grant of regular bail to the petitioner in case FIR No.143 dated 20.06.2026, under Section 21 (b) of NDPS Act, 1985, registered at Police Station Dadri Sadar, District Charkhi Dadri.
Learned counsel for the petitioner submits that only role attributed to the petitioner is that he was driver of the vehicle, which was rented by the co-accused Surender. It is submitted that nothing was recovered from the petitioner in the physical search and 20 grams of heroine was recovered from the pocket of co-accused Surender. It is further submitted that the petitioner is suffering from medical exigency, moreover challan has already been filed and he is not involved in any other case. It is also argued that the trial is not likely to conclude in the near future and continue incarceration of the petitioner would amount to great hardship.
Notice of motion.
Mr. Amish Sharma, AAG, Haryana, accepts notice on behalf of the respondent-State and has filed custody certificate dated 09.09.2026, which is taken on record.
Learned State counsel, on specific query, could not deny the fact that nothing is to be recovered from the petitioner and moreover, the recovery of the contraband was not from the petitioner and was only from the co-accused Surender. As regards the medical situation, it is stated that the petitioner has been taken for regular check up in the PGIMER, Rohtak and given the medicines required.
Heard learned counsel for the parties.
In light of the above and considering the clean antecedents of the petitioner and the fact that he was only the driver of the vehicle, which was rented by the other co-accused Surender from whom contraband was recovered, coupled with the fact that the trial is likely to take considerable time, no useful purpose would be served by keeping the petitioner in custody. Accordingly, the petitioner is held entitled to the concession of regular bail.
Without commenting upon the merits of the case, the present petition stands allowed and the petitioner is ordered to be released on bail if not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioner shall, however, be released on the following conditions:
i The petitioner shall declare his ordinary place of residence and the mobile number used by him.
ii The petitioner will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, which will be available in his absence.
iii The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application before the Illaqa Magistrate, concerned.
iv The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not possess a passport, then he shall file an undertaking to the said effect before being released.
The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023.
However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and this order shall not be considered as parity qua any other co-accused in any manner whatsoever.
It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail.
Pending application(s), if any, also stands disposed of.