Bail is a rule and incarceration is an exception; the right to a speedy trial is fundamental under Article 21 of the Constitution.

SANDEEP MOUDGIL, J (ORAL)

1. Prayer

The jurisdiction of this Court under Section 483 BNSS, has been invoked for grant of regular bail to the petitioner in case FIR No. 458 dated 26.07.2024 under section 318(4), 338 , 336(3), 340, 345, 347(1) and 67 of BNS and Sections 61 of Punjab Excise Act, 1914 (Haryana Amended Bill 2020) registered at Police Station Industrial Area, Panipat, Haryana. (Annexure P-1).

2. Facts

Facts as narrated in the FIR reads as under:-

“Copy of the written complaint is presented - To, The SHO, Police Station Sector 29, Panipat, Jai Hind. Yesterday on 25.07.24, myself SI along with ASI Virender 80, including HC Rakesh 26 in Government vehicle Bolero No. HR-06GV- 8257 were present for patrolling at Chautala Road, Panipat, when the special informant met the SI and informed that a truck number UP-50BT-1826 is parked near Shri Balaji Parking Yard, Siwah, near Gaushala Road and a large quantity of illicit liquor is loaded in the truck. When the SI went to the place told by the special informant and saw that the truck number UP-50BT-1826 was parked there and there was no number plate on the rear side of the truck. In which two persons were sitting, and myself SI detained both the persons and asked about their names. The person sitting on the driver's seat told his name as Subodh Kumar s/o Ramratan Rat, resident of village Bahwalpur Ward Number 10 Post Sehan, ShahpurKhurd, District Vaishali Bihar and the person sitting on his side told his name as Sachin Kumar s/o Vidyanand Rai, resident of Madaideeh Post MaraiDeehDistrict Vaishali Bihar. Myself SI when checked and asked above said Subodh and Sachin found that illicit liquor boxes were loaded under the cover of limestone sacks which were loaded in a large quantity of 50 kg. bags of limestone sacks. For checking the vehicle, Labourers were required to unload them. But due to rain and time being off, labourers could not be arranged. Officers were informed about the situation. And then truck number UP-50B-1826 was parked in Shri Balaji Parking Yard, Gaushala Road Siwah and SPO Ashok Kumar 150 and HGHRajbir 2031 of Thana Sector 29 Panipat were put on surveillance duty over truck number UP-50B-1826 and Subodh Kumar s/o Ramratan Rai, resident of village Bahwalpur ward number 10 post Sehan, ShahpurKhurd District Vaishali Bihar and Sachin Kumar s/o Vidyanang Rai, resident of Madaideeh Post MaraiDeeh district Vaishali Bihar were put under surveillance by Police Ahat Staff CIA- 3 Panipat and report number 42 dated 25.07.24 at 09:26 was got registered in Thana Sector 29 and a copy of the report was obtained. Today on 26.07.24, myself SI along with ASI Krishna 18, ASI Virendra 80, HC Rakesh 26, HC Manjeet 187, HC Sandeep 375 in Government Vehicle Bolero No. HR-60GV- 8257 driver EHC Rajesh 1375 along with Subodh Kumar s/o Ramratan Rai, resident of village Bahwalpur ward number 10 post Sehan, ShahpurKhurd district VaishaliBihar and Sachin Kumar s/o Vidyanand Rai, resident of Madaideeh PostMaraiDeeh District Vaishal Bihar have reached Shri Balaji Parking Yard Gaushala Road Siwah. Where SPO Ashok Kumar 150 and HGH Rajput 2031 of Police Station Sector 29, Panipat were found present, myself SI later gave them appropriate instructions and myself SI from my phone number 8168510490 called Vikas Kumar, Inspector, Excise Department, Panipat on his phone number 9560070142 and informed him about the situation and asked him to come to the spot, the Excise Inspector came to the spot in his private car after sometime, myself SI arranged for labourers and checked the truck no. UP-50B-1826 in front of Vikas Kumar, Inspector, Excise Department, Panipat by removing the tarpaulin and instructed HC Manjeet 187 to do videography as per BNSS guidelines. Upon checking, 34 sacks of limestone powder, weighing 50 kg. each, were found loaded at the rear of the truck and under the cover of the sacks, the truck number UP-50B-1826, was found loaded with illicit liquor boxes in which quarter size liquor boxes,

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