IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

219 CRM-M-14371-2026 (O&M) Date of decision: 20.04.2026 Oluchukwu ....Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. Vishal Saini, Advocate for the petitioner (Through V.C.)

Mr. Gautam Kaile, DAG Haryana *****

AMAN CHAUDHARY, J. (ORAL)

1. Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.548 dated 16.10.2024, registered under Sections 21, 27-A, 29 of NDPS Act (Section 27-A & 29 of NDPS Act added lateron) at Police Station Sadar Thanesar, District Kurukshetra.

2. Learned counsel contends that the petitioner has been in custody for 1 year and about 6 months. He alleges false implication. His name surfaced based on the disclosure statement of co-accused Micheal Izuchukwu, who has since been granted regular bail by this Court vide order dated 23.02.2026, Annexure P-2. No recovery has been effected from the petitioner as also there is no evidence to connect him with the alleged recovery. Co-accused Narender @

Nindu has been granted bail by the trial Court vide order dated 06.02.2025, Annexure P-1. The other co-accused namely Nitesh and Subhash, from whom the alleged recovery of contraband was effected, are in custody. Charges have been framed on 28.08.2025, however, out of 17 prosecution witnesses, none has been examined. The petitioner is not involved in any other case.

3. The custody certificate dated 17.04.2026, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 1 year, 5 months and 23 days.

4. Learned State counsel opposes the bail on the ground that the petitioner has been specifically named by his co-accused and Rs.4,000/- has been recovered from him, while a mixer grinder was recovered from the rented accommodation, where he was staying. However, he is unable to controvert the submissions with regard to stage, co-accused having been granted bail and the petitioner being not involved in any other case.

5. Heard.

6. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 1 year, 5 months and 23 days; not involved in any other case; co-accused are on bail; charges were framed on 28.08.2025, however, the prosecution evidence is yet to commence and in all there are 17, the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed.

7. The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:-

(i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty.

(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioner shall not leave the country without prior permission of the trial Court