IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

218 Date of Decision: 02.09.2025 Nishant Rana ... Petitioner Versus State of Haryana ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mrs. Kiran Bala Jain, Advocate, for the petitioner.

Ms. Himani Arora, DAG, Haryana, for the respondent-State.

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MANISHA BATRA , J. (Oral)

1. The instant one is the second petition as filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) for grant of regular bail in case arising out of FIR No.410 dated 09.11.2023 registered under Sections 120-B, 188, 201, 272, 308, 328, 420, 467, 468, 471, 472 and 473 of IPC and Sections 61, 63-A and 72-A of the Punjab Excise Act, 1914 (Haryana Amendment Bill, 2020) at Police Station Mullana, District Ambala. His previous petition bearing CRM-M No.43267 of 2024 had been dismissed as withdrawn vide order dated 26.09.2024.

2. As per the allegations, on 09.11.2023, on receipt of secret information by the complainant SI Karam Chand to the effect that the accused Kapil Pandit and Ankit @ Mogli along with other accomplices were involved in manufacturing fake/spurious countrymade liquor in the premises of an old factory existing in the area of Village Dhanaura, District Ambala. It was also informed that if raid was conducted, they could be apprehended while manufacturing illicit liquor. Believing the secret information to be true, a raiding party was immediately formed which reached at the informed place and recovered some burnt empty liquor bottles, six bottles of fake liquor, wrappers having written “Taaza Malta”, one electric machine of liquor making and several big as well as small plastic drums and one drum having fevicol and 90 empty plastic bottles. All these articles were taken into custody. The aforementioned FIR was registered. Investigation proceedings were initiated. The accused Uttam Singh and Puneet were arrested on the same day. On their nomination, accused Shekhar and Parveen were apprehended. All of them suffered disclosure statements admitting their involvement in the commission of the aforementioned offences. Search was also conducted in the shop and rented warehouse of accused Ankit Ankit @ Mogli and recovery was also effected from there. The accused Ankit @ Mogli was arrested on 13.11.2023.

3. As per the further allegations, the accused Ankit @ Mogli suffered disclosure statement admitting the fact that he along with the co-

accused was involved in the business of making illicit liquor and also that the present petitioner had also joined them as a partner by investing a sum of Rs.19,14,000/-. On the basis of his disclosure statement, the petitioner was nominated as accused. He was arrested on 18.12.2023. Investigation now stands completed and the petitioner along with the other accused is facing trial for commission of aforementioned offences.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of disclosure statement of co-accused which cannot be considered to be admissible in evidence. There are vague allegations against him. No recovery has been effected from him. The trial will take considerable time since most of the witnesses are to be examined. The co-accused Prince Walia, Parveen Kumar, Uttam Singh, Sourabh, Anshul Garg, Puneet and Ravinder Pal Singh have been extended benefit of bail. On parity, he too deserves to be given the same benefit. There is no material on record to show that he had any connection with the business of manufacturing and selling illicit liquor. No proof of his partnership with the co-accused has been collected by the investigation agency. His further incarceration would not serve any useful purpose. It is, therefore, urged that the petition deserves to be allowed.

5. Status report has been filed. It is argued by learned Deputy Advocate General, Haryana that there are specific and serious allegations against the petitioner who along with t