209 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-50353-2024 Date of Decision:16.05.2025 ASHOK ALIAS SHOKI …PETITIONER VS.

THE STATE OF HARYANA …RESPONDENT Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. P.S. Sekhon, Advocate for the petitioner.

Mr. Rajiv Sidhu, DAG, Haryana.

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N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present petition under Section 483 of BNSS, 2023 with a prayer to grant regular bail to him in case FIR No.207 dated 27.07.2023, registered under Sections 20(b) (ii) (c) & 29 of Narcotic Drugs & Psychotropic Substances Act 1985 & Sections 120-B, 180, 195, 201, 420 of the IPC, 1860 & Section 7 & 12 of Prevention of Corruption Act, 1988, Police Station Siwani, District Bhiwani.

2. The FIR in the present case was registered on the basis of the statement made by SI Virender Singh. As per him, on 27.07.2023 a police team had arrested Rajeev and Rajesh, co-accused and 1 kg and 485 grams of charas was recovered by the police from them. After the recovery of charas, the present FIR was registered against them. During the course of investigation, Priyanka wife of Rajeev moved an application to the police alleging that Manoj and Raghubir wanted to grab the sale proceeds of their plot and had falsely involved Rajeev and Rajesh in a criminal case. The investigation was conducted on the representation submitted by Priyanka and ultimately it was found that Manoj and Raghubir had hatched the criminal conspiracy with the petitioner and others and had falsely got involved Rajeev and Rajesh in this case, just to grab the sale proceeds of a plot.

3. Learned counsel for the petitioner contends that the petitioner was not initially named in the FIR and has been falsely involved only on the basis of the disclosure statements suffered by various co-accused. He further contends that the other co-accused namely Raghubir @ Raghubir Singh, Manoj Kumar, Mohit @ Mohit Rana @ Mannu and Mahender Singh have already been granted the concession of bail by this Court. Apart from that the petitioner was arrested in the present case on 14.06.2024. However, no recovery was effected from him in the present case. Apart from that, even though 08 cases were ordered to be registered against him, however, he is on bail in 05 cases and in the remaining 03 cases, he has been acquitted by the competent Court. He further contends that only 04 witnesses out of 59 witnesses have been recorded so far and there are no chances of early conclusion of the trial.

4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is a hardened criminal and had faced 08 criminal cases in the past also and he does not deserve the concession of bail by this Court.

5. I have heard the learned counsel for the parties and perused the record carefully.

6. The petitioner was not initially named as accused in the present case and was nominated at a subsequent stage, on the basis of various statements made by his co-accused. In fact the admissibility of such statements and the evidence against the present petitioner, are subject matter of trial before the trial Court and the prosecution is yet to lead evidence in this regard. At this stage, this court is conscious of the fact that co-accused namely Raghubir @ Raghubir Singh, Manoj Kumar, Mohit @ Mohit Rana @ Mannu and Mahender Singh have been granted the concession of bail by this Court. Thus, the further custody of the petitioner will not serve any useful purpose.

7. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/

Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:-

(i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the c