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Judgment
16 paragraphs · 291 wordsArvind Singh Sangwan, J
Prayer in this petition is for grant of regular bail in FIR No.387 dated 18.10.2020 under Section 18 of NDPS Act and Section 25 of Arms Act,
registered at Police Station Sadar Fatehabad, District Fatehabad.
Learned counsel for the petitioner submits that as per allegations in the FIR, registered by the police, on suspicion, co-accused Vikram Bhamboo was
apprehended and from him, recovery of 32 bore pistol along with 14 live cartridges and 01 kg 10 gram opium was effected. Thereafter, on the
disclosure statement of aforesaid co-accused Vikram Bhamboo, the petitioner was nominated as a person, who has supplied him the country-made
pistol. It is further submitted that after arrest of the petitioner, no recovery either of any intoxicant substance or any illegal firearm was effected from
him and only Rs.5,000/- were recovered. It is also submitted that the petitioner is in custody for the last more than 02 months and is no more required
for further custodial interrogation.
Learned State counsel, on the basis of affidavit of DSP, Fatehabad dated 02.01.2021 filed in the Court today, has not disputed the factual position that
the petitioner was nominated on the disclosure statement of co-accused Vikram Bhamboo and challan has already been presented on 16.12.2020.
After hearing learned counsel for the parties, without commenting upon merits of the case and considering the aforesaid submissions of learned
counsel for the parties and also in view of the fact that trial is not likely to conclude in the near future due to COVID-19 situation, this petition is
allowed and the petitioner is directed to be released on regular bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Duty
Magistrate/Illaqa Magistrate, concerned.
Petition is disposed of.
