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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Naresh Kumar @ Billu – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 439 Cr.P.C is for the grant of regular bail in case bearing FIR No.158 dated 14.06.2023 registered under Section 15-C of the NDPS Act, (Sections 29/21-C of the NDPS Act, 1985 and Sections 25(6)/25(7) of Arms Act, 1959 besides Sections 307/323/186/332/353 IPC, 1860 added later on) at Police Station Phillaur, District Jalandhar.2. The brief facts of the case are that Daljeet Singh @ Jeeta and Parminder Singh @ Pinder were apprehended and the recovery of 2520 Kgs of poppy husk was effected from them.
3. During the course of investigation, the statement of Daljeet Singh @ Jeeta was recorded to the effect that the poppy husk had been brought by him on the truck on the asking of Surinder Singh @ Shinda. Surinder Singh @ Shinda was arrayed as an accused vide DDR.41 dated 14.06.2023.
On 20.06.2023, Daljeet Singh @ Jeeta disclosed that the persons namely, Balbir Singh @ Bittu, Mangai Singh, Shinderpal @ Bangali and Naresh Kumar @ Billu (petitioner) purchased poppy husk from Surinder Singh @ Shinda on an earlier occasion. Therefore, these persons were also arrayed as accused in the instant FIR vide DDR No.21 dated
Bail can be granted when an accused is named in a co-accused's disclosure statement but no recovery is made, especially if the trial is likely to be prolonged.
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
Bail can be granted when an accused is named in a co-accused's disclosure statement without recovery, especially if they are a first-time offender and the trial is delayed.
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