IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 09.09.2025 Pronounced on: 22.09.2025 Nitin Kumar ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. R.K. Chauhan, Advocate, for the petitioner.

Mr. Jasdev Singh Thind, DAG, Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

170 12.08.2023 Tibba, Distt. Police 379, 379-B, 411 IPC & 22 Commissionerate, Ludhiana of NDPS Act

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

2. As per para 9 of the bail petition and as per para 17 E of the status report, the petitioner has the following criminal antecedents:

Sr. No. FIR No. Year Offenses Police Station

1. 141 2016 379 IPC Baldev Nagar, Ambala, Haryana

2. 157 2016 379 (b) IPC Sadar Ambala, Haryana

3. 227 2016 379 (a) IPC Cantt City, Ambala, Haryana

4. 302 2016 379 (a) IPC Baldev Nagar, Ambala, Haryana 5. 319 2016 379 (a) IPC Ambala Cantt. Ambala, Haryana 6. 330 2016 379 (a) IPC Baldev Nagar, Ambala, Haryana

7. 653 2016 379 (a) IPC Baldev Nagar, Ambala

8. 61 2017 379 (a) IPC Sadar Yamuna Nagar, Haryana

9. 247 2018 379 (a) IPC Civil Lines, Karnal

10. 421 2017 379 (a) IPC Sadora, Yamuna Nagar, Haryana

11. 446 2017 379 (a) IPC City Kurukshetra, Haryana

12. 463 2017 379 (a) IPC Thanesar, Kurukshetra, Haryana

13. 527 2017 379 (a) IPC Karnal, Haryana

14. 549 2017 379 (a) IPC City Karnal, Haryana 15. 550 2017 379 (a) IPC City Karnal, Haryana

16. 642 2017 392, 411 IPC Kotwali Shamili, Uttar Pradesh

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

“3. That it is respectfully submitted that on receipt of order dated 18.08.2025 passed by this Hon'ble Court, the deponent has perused the record of the case with the assistance of SHO Police Station Tibba, Distict Police Commissionerate, Ludhiana. After perusal of record, it is revealed that on 12.08.2023, ASI Raj Kumar along with other police officials was on patrol duty in a government vehicle bearing registration No.PB10BX- 0161, for the purpose of checking suspected persons and vehicles. When the police party reached Mohalla Baba Namdev Colony, Tibba Road, Ludhiana, a secret informer approached and disclosed that Nitin Kumar and Sumer were involved in motorcycle thefts, gold chain snatchings, and also in the sale of intoxicant tablets. It was further informed that both were presently standing outside their house in the street and intended to use a stolen motorcycle, bearing registration No.PB10CV-8404 (black colour Pulsar), for selling intoxicating tablets. The informer stated that if a raid was conducted immediately, the accused could be apprehended along with a large quantity of intoxicating tablets and other stolen or snatched articles.”

4. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and the CrPC, 1973.

5. The petitioner's counsel refers to the bail petition. It would be relevant to refer to paras 9 & 13, which reads as follows:

“9. That local police has involved the petitioner in three false cases of theft in the same day i.e. 12.8.2023 i.e. i) FIR No.137 dated 12.8.2023, U/s 379-B IPC, P.S. Dugri Distt. Ludhiana, ii) FIR No.156 dated 12.8.2023, U/s 379-B IPC P.S. Haibowal, Distt. Ludhiana, iii) FIR No.170 dated 12.08.2023, U/s 379, 379-B, 411 of IPC, u/s 22 of NDPS Act, P.S. Tibba, District Ludhiana. This shows that petitioner has been falsely implicated in the false cases.

13. That co-accused of the petitioner namely Sumer @ Sumail has been granted regular bail by this Hon'ble Court in CRM-M 59665 of 2024 vide order dated 14.02.2025. Copy of order dated 14.2.2025 is annexed herewith as Annexure P-2.”

6. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and h