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2022 Supreme(P&H) 195

VIKAS BAHL
Jugal Kishore – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Sandeep Sharma, Advocate for Mr. Aditya Pratap Singh, Advocate,, for the Appellant; Mr. M.S. Nagra, Assistant Advocate General, Punjab, for the Respondent

JUDGMENT

Vikas Bahl, J. (Oral). - This is a first bail application under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.160 dated 18.09.2020, registered under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), at Police Station Division No.1, District Pathankot.

2. Learned counsel for the petitioner has submitted that in the present case, as per the FIR, recovery has been made from two persons i.e. Ravdeep Singh alias Sheru and Rakesh Sharma and no recovery has been effected from the present petitioner and as per the version in the FIR, the petitioner had ran away from the spot and it is the said two persons, who had informed the police that it is the present petitioner who was the said person who fled from the spot. It is further submitted that the petitioner is not involved in any other case and he has been in custody since 26.08.2021 and there are 26 prosecution witnesses, out of which, only one witness has been partially examined and thus, the trial is likely to take time. It is also submitted that the other co-accused, namely, Vikrant Singh, Subash Chander @ Bittu and Davinder Singh, from whom als

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