Pre-trial incarceration must not equate to punitive post-conviction sentencing; individual rights must be prioritized where the evidence suggests no further custodial necessity.

JUDGMENT :

Mr. Anoop Chitkara, J.

1. The petitioner incarcerated in the FIR captioned above came before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [ BNSS ], seeking regular bail.

2. In paragraph no.13 of the bail petition, the petitioner-accused declares that he has no criminal antecedents. However, as per the custody certificate dated 19.2.2025, the petitioner is involved in another case/FIR No.137/2019 under Sections 21 /61/85 NDPS Act, PS Gidder Baha.

3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:

2. That the brief facts of the case are that on 23-06-2024, police party headed by HC Balwinder Singh of PS City, Jagraon was present at Rani Jhansi Chowk, Jagraon in connection with patrolling and in search of suspected persons and vehicles. HC Balwinder Singh received secret information that Manpreet Singh son of Dulla Singh resident of Village Kot Bhai, Kothe Mana Wala Dhanian, Tehsil Giderbaha along with Sunny son of Kartar Singh resident of village Sahib Chand and Deepu s/o unknown r/o village Sahib Chand used to prepare counterfeit currency notes and sell the same. Today they are coming in Car No. DL-04-CKH- 6559 make Honda City from the side of Mullanpur towards Raikot via Aligarh Road with counterfeit currency notes and selling the same. If nakabandi is conducted on Aligarh road near Kothe Khanjuran, Jagraon, then they can be apprehended with counterfeit currency notes and material used for preparing counterfeit currency notes. The information was found reliable. So HC Balwinder Singh sent ruqa to the police station and got registered FIR No. 141 dated 23-06-2024 u/s 489-A/489-B/489- C/489-D in PS City, Jagraon against petitioner Manpreet Singh and co-accused Sunny and Deepu.

3. That then the police party conducted nakabandi on Aligarh road in the area of village Kothe Khanjuran. After some time one car No. DL-04-CKH-6559 was seen coming from the side of Aligarh road. One person was driving the car and two more persons were sitting in the car. On seeing the naka of the police party, the driver of the car stopped the car at some distance from the nakabandi. The two persons who were sitting in the car managed to escape from the car due to darkness. But the police party apprehended the driver of the car. On enquiry the driver of the car told his name as Manpreet Singh son of Dulla Singh. He told the names of those persons who managed to escape as Sunny and Deepu.

4. That on search of the car, one envelope was recovered from gear box near driver seat. On search of the envelope counterfeit currency notes were recovered from that envelope. On counting 109 notes of the denomination of Rs. 100/- each i.e. total amount of Rs. 10,900/-, 2 notes of Rs. 200 each i.e. Rs. 400/-, 10 notes of Rs. 500/- each i.e. total Rs. 5,000/-. So total counterfeit currency notes of Rs. 16,300/- were recovered. One printer make EPSON was also recovered from the car. One parcel of currency notes was prepared and it was sealed by the I.O. with his seal BS. The parcel, printer and vehicle were taken into possession by the I.O. The petitioner was arrested in this case by the I.O.

5. That the parcel of counterfeit currency notes has been deposited in the Currency Notes Press, Nasik Road Maharashtra vide letter no. 31428-29/AC-3 dated 14-08-2024 through Senior Constable Harpreet No. 303. Report of the Currency Notes Press is still awaited.

6. That co-accused Sunny and Deepu could not be arrested so far. So this case is still u