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Judgment
8 paragraphs · 335 wordsLalit Batra, J
Case has been taken up for hearing through Video Conferencing.
Present petition under Section 439 Cr.P.C is for grant of regular bail to petitioner-Balwinder Singh alias Bagga in case FIR No.204 dated 30.06.2020 under Section 18 of N.D.P.S. Act, registered at Police Station Maqboolpura, District Amritsar.
Learned counsel for the petitioner inter alia contends that petitioner has no nexus whatsoever with the alleged offence. He further submits that petitioner is in custody since 30.06.2020 and he is no more required by the Police for any investigation purpose. He further urges that even otherwise alleged recovery of contraband is of non-commercial quantity. He further submits that challan has been presented in Court. He further urges that since consequent trial of the case would take sufficient time to conclude, no useful purpose would be served by keeping the petitioner in custody further and he may be released on bail.
On the other hand, learned State counsel while opposing instant petition has vehemently argued that keeping in view seriousness of offence, petitioner does not deserve the concession of bail. Learned State counsel has filed custody certificate, which is taken on record.
I have heard learned counsel for the parties.
At this stage, without commenting anything on the merits of the case lest it may prejudice the outcome of the trial but taking into consideration the fact that petitioner is in custody since 30.06.2020; that petitioner is no more required by the Investigating Agency for investigation purpose; that challan has already been presented in Court and since consequent trial of the case would take sufficient time to conclude, no useful purpose would be served by detaining the petitioner in custody further, thus, he deserves the concession of bail.
In view of above, instant petition for grant of regular bail moved by petitioner-Balwinder Singh @ Bagga is allowed and he is ordered to be released on bail on his furnishing personal/surety bonds to the satisfaction of Trial Court/Chief Judicial Magistrate/Duty Magistrate, Amritsar, as the case may be.