The authenticity of documents and compliance with legal provisions, along with the substantial custody of the accused and the likelihood of a prolonged trial, are crucial factors in granting bail.

JUDGMENT

Vikas Bahl, J. (Oral). - This order will dispose of two Criminal Miscellaneous Petitions. The first petition is CRM-M-17503-2020 filed by Gurpreet Singh @ Mani and the second petition is CRM-M-19973-2020 filed by Sajan Singh praying for regular bail in FIR no.41 dated 06.02.2020 registered under Sections 21, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act) and Sections 307, 148, 149 IPC and Section 25, 27 of the Arms Act, 1959 at Police Station Sadar Amritsar.

2. Learned counsel for the petitioners has submitted that the pleas raised and the issue of law involved in both the petitions is the same and has prayed that CRM-M-17503-2020 be taken up as the lead case. Learned State counsel has no objection to the same. Accordingly, CRM-M-175032020 is taken as lead case and the facts are being taken from the same.

3. Learned counsel for the petitioners at the outset has referred to the order dated 17.12.2020 passed by a coordinate Bench of this Cour, the relevant portion of the said order is reproduced hereinbelow:-

Case taken up through video conferencing.

The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail in FIR No.41 dated 06.02.2020 registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 307, 148 and 149 IPC and Sections 25 and 27 of the Arms Act, 1959, at Police Station Sadar Amritsar.

Briefly stated, the case of the prosecution is that the police party finding the petitioner and his five coaccused roaming around suspiciously searched and recovered 500 grams of heroin from the petitioner, later, on on his disclosure statement 36 grams of heroin from his car and at the time of search co-accused Rajinder fired upon the police party as a result of which two of the co-accused managed to flee.

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the case; there is no other criminal case in which the petitioner is involved; there is no recovery from the person of the petitioner; report under Section 173 Cr.P.C. has been filed and therefore the petitioner is in no position to influence the investigation; alleged firing on the police is by co-accused Rajinder and not the petitioner; for the last several months no effective proceedings have taken place in the petitioners trial for which he cannot be blamed; 12 prosecution witnesses are to be examined in the petitioners trial and therefore the same is likely to take a long time to conclude and in this case the memo of consent is a cyclostyled copy which contains the number of the FIR which is impossible as at the time of consent admittedly no FIR had been lodged.

Learned State counsel opposes the grant of regular bail to the petitioner on the ground that the petitioner and his co-accused have been found in illegal possession of 536 grams of heroin and on being caught his co-accused fired upon the police party.

Whether the petitioner has been falsely implicated in the case and the effect of printing of FIR number on the consent memo would be debated during the course of trial.

On one hand the petitioner is not involved in any other criminal case; alleged firing is by co-accused Rajinder; he has suffered incarceration for over ten months; report under Section 173 Cr.P.C. has been filed and therefore he is in no position to influence the investigation; for the last several months no effective proceedings have taken place in the petitioners trial; in the petitioners trial where 12 prosecution witnesses are to be examined the same is not likely to conclude in the near future especially in the present circumstances when the world is facing the Covid-19 pandemic for which the petitioner cannot be blamed and on the other hand the petitioner and his co-accused are accused of being in illegal possession of 536 grams of heroin and firing on the police party.

After considering the totality of the above noticed facts this Court is of the o