State of Punjab vs VERSUS

The abovementioned FIR came into being at the instance of he abovementioned FIR came into being at the instance of Inspector Sukhbir Singh’, who reported that on 14.09.2025 ‘Inspector Sukhbir Singh’ when he was who reported that on 14.09.2025, when he was source leading a team of police officials, he received a tip-off from a reliable source leading a team of police officials, he received a tip leading a team of police officials, he received a tip Singh’ that a large quantity of ‘Heroin’ was being smuggled by ‘Gurmeet Singh’ that a large quantity of ‘Heroin’ was being sm that a large quantity of ‘Heroin’ was being sm from across the border. It was also and ‘Angrej Singh’ (petitioner herein) from across the border. It was also from across the border. It was also and ‘Angre GAURAV THAKUR 2026.02.28 15:40 I attest to the accuracy and integrity of this document CRM-M-31066-2025 (O&M) (O&M) 2 2 reported that the informant had also stated reported that the informant had also about the arrival of a large stated about the arrival of a large consignment of ‘Heroin’ from across the Border consignment of Border in the recent past.

3. It is the case of the prosecution that in view of above mentioned osecution that in view of abovementioned information, a picket was deputed and a barricade was laid information to nab the eputed and a barricade was laid to nab the abovementioned drug dealers. As per prosecution abovementioned the abovementioned drug dealers. As per prosecution, the abovementioned efforts led to recovery of 1.600 kg of ‘Heroin’ from the posse efforts led ssion of of ‘Heroin’ from the possession of ‘Gurmeet Singh’ and ‘Angrej Singh’ (petitioner herein) ’ (petitioner herein).

4. Since advance notice has already been served upon the State, Since advance notice has already been served upon the State, Since advance notice has already been served upon the State, Mr. I.P.S. Sabharwal, DAG, Punjab accepts notice on behalf of respondent- Mr. I.P.S. Sabharwal, DAG, Punjab accepts notice on behalf of respondent Mr. I.P.S. Sabharwal, DAG, Punjab accepts notice on behalf of respondent Mr. I.P.S. Sabharwal, DAG, Punjab accepts notice on behalf of respondent The learned State State. Hence service of notice is hereby dispensed with. The learned State State. Hence service of notice is hereby dispensed w State. Hence service of notice is hereby dispensed w Counsel has filed custody certificate of the petitioner. The same be taken on Counsel has filed custody certificate of the petitioner. The same be taken on Counsel has filed custody certificate of the petitioner. The same be taken on Counsel has filed custody certificate of the petitioner. The same be taken on record. N No formal reply has been filed by the State the learned o formal reply has been filed by the State. However, the learned State Counsel has orally opposed the present petition State Counsel has orally oppose the present petition.

6. Heard. been contended on behalf of petitioner that the petitioner It has been contended on behalf of petitioner that the petitioner been contended on behalf of petitioner that the petitioner who has been falsely implicated in the present case, and that he is innocent, who has been falsely implicated in the present case, and that he who has been falsely implicated in the present case, and that he is innocent has already faced prolonged incarceration for being in custody for a period has already faced prolonged incarceration for being in custody for a period has already faced prolonged incarceration for being in custody for a period has already faced prolonged incarceration for being in custody for a period of more than two years and five months. Acc of more than two years ording to learned counsel for months. According to learned counsel for in which petitioner, there is a question mark with regard to the manner, in which petitioner, there is a question mark with regard to the manner the petitioner, there is a question mark with regard to the manner alleged recovery of contraband had taken place, and that the trial is the alleged recovery of contraband had taken place, and that the trial is alleged recovery of contraband had taken place, and that the trial is alleged recovery of contraband had taken place, and that the trial is taking place at a very slow pace place at a very slow pace, as out of as out of thirty one prosecution witnesse prosecution witnesses, only seven have been examined so far. It has been only seven argued by learned It has been further argued by learned counsel for the petitioner that co-accused of the petitioner, namely counsel for the petitioner that Gurmeet accused of the petitioner, namely Gurmeet Singh, has already been accorded the benefit of bail by this Court. Singh, has already been accorded the benefit of bail by this Court. Singh, has already been accorded the benefit of bail by this Court. GAURAV THAKUR 2026.02.28 15:40 I attest to the accuracy and integrity of this document CRM-M-31066-2025 (O&M) (O&M) 3 3

7. The learned ounsel State Counsel controverted controverted abovementioned arguments. According to learned State abovementioned ounsel, the arguments. According to learned State Counsel, the contraband in the present case comes within the ambit of recovery of contraband in the present case comes within the ambit of contraband in the present case comes within the ambit of recovery of commercial quantity’ and therefore, unless the twin ‘commercial conditions enshrined unless the twin conditions enshrined under Section-37 of NDPS Act are satisfied, the benefit under Section ct are satisfied, the benefit of bail should not should not be orded to the petitioner. accorded to the petitioner.

9. The record has been perused carefully. The record has been perused carefully. The principles governing the benefit of bail in a case he principles governing the benefit of bail in a case under NDPS Act, pertaining to recovery of commercial quantity, NDPS Act, pertaining to recovery of commercial quantity, have been laid ‘Mohd. Muslim @ down by the Hon’ble Supreme Court in the case of ‘Mohd. Muslim @ down by the Hon’ble Supreme Court in the case of down by the Hon’ble Supreme Court in the case of Hussain v. State’ (NCT of Delhi), 2023 SCC OnLine SC 352 Hussain v. State are relevant, (NCT of Delhi), 2023 SCC OnLine SC 352 are relevant, wherein the Hon’ble Supreme Court has held that grant of bail on account of wherein the Hon’ble Supreme Court has held that grant of bail on account of wherein the Hon’ble Supreme Court has held that grant of bail on account of wherein the Hon’ble Supreme Court has held that grant of bail on account of undue delay in trial cannot be said to be fettered under Section undue delay in trial cannot be said to 37 of the be fettered under Section-37 of the A which is applicable to NDPS Act, given the imperative of Section 436-A which is applicable to NDPS Act, given the imperative of Section 436 NDPS Act, given the imperative of Section 436 offences under the Act. offences under the Act.

10. In this regard it is also relevant to mention here that the Hon’ble In this regard it is also relevant to mention here that the Hon’ble In this regard it is also relevant to mention here that the Hon’ble Supreme Court of India in the case of ‘Manmandal Supreme Court of India in the case of and Another v. State of Manmandal and Another v. State of , Special Leave Petition (Criminal) No.8656 of 2023 decided West Bengal’, Special Leave Petition (Criminal) No.8656 of 2023 decided , Special Leave Petition (Criminal) No.8656 of 2023 decided West Bengal on 14.09.2023 and ‘Rabi Prakash v. State of Odisha on 14.09.2023 , 2023 SCC Online SC Rabi Prakash v. State of Odisha’, 2023 SCC Online SC , extended the benefit of bail to the accused, who had been incarcerated 1109, extended the benefit of bail to the accused, who had been incarcerated , extended the benefit of bail to the accused, who had been incarcerated , extended the benefit of bail to the accused, who had been incarcerated 3 years and the trial was likely to take considerable for a period of almost 2-3 years and the trial was likely to take considerable 3 years and the trial was likely to take considerable for a perio mentioned benefit has been given by observing that time. The above-mentioned benefit has been given by observing that mentioned benefit has been given by observing that time. The above prolonged incarceration generally militates against the most precious prolonged incarceration generally militates against the most precious prolonged incarceration generally militates against the most precious prolonged incarceration generally militates against the most precious e Constitution, and in fundamental right guaranteed under Article-21 of the Constitution, and in fundamental right guaranteed under Article fundamental right guaranteed under Article GAURAV THAKUR 2026.02.28 15:40 I attest to the accuracy and integrity of this document CRM-M-31066-2025 (O&M) (O&M) 4 4 such a situation, the constitutional principles must override the statutory such a situation, the constitutional principles must override the statutory such a situation, the constitutional principles must override the statutory such a situation, the constitutional principles must override the statutory 37 of the NDPS Act. embargo contained under Section-37 of the NDPS Act. embargo contained under Section

11. In addition to above, in a recently pronounced verdict in the In addition to above, in a recently pronounced verdict in the In addition to above, in a recently pronounced verdict in the case of ‘Santosh Pawar Vs. State of C hhattishgarh & Anr.’ Criminal Appeal Santosh Pawar Vs. State of Chhattishgarh & Anr.’ Criminal Appeal hhattishgarh & Anr.’ Criminal Appeal No.4883/2025, the Hon’ble Supreme Court No.4883/2025 rs of , the Hon’ble Supreme Court of India observed that rigors of Section 37 of NDPS Act will not be a bar for considering the case of an Section 37 of NDPS Act will not be a bar for considering the case of an Section 37 of NDPS Act will not be a bar for considering the case of an Section 37 of NDPS Act will not be a bar for considering the case of an accused for bail as it comes with a condition that the prosecution would accused for bail as it comes with a condition that the prosecution would accused for bail as it comes with a condition that the prosecution would accused for bail as it comes with a condition that the prosecution would mentioned case the ress for an early completion of trial. In the above-mentioned case the ress for an early completion of trial. In the above press for an early completion of trial. In the above Hon’ble Supreme Court of India held that appellant who was being Hon’ble Supreme Court of India held that appellant who was being Hon’ble Supreme Court of India held that appellant who was being Hon’ble Supreme Court of India held that appellant who was being prosecuted for being in possession of commercial quantity of narcotic prosecuted for being in possession of commercial quantity of narcotic prosecuted for being in possession of commercial quantity of narcotic prosecuted for being in possession of commercial quantity of narcotic carceration for a period of substance, was entitled for bail in view of her incarceration for a period of substance, was entitled for bail in view of her in substance, was entitled for bail in view of her in 19 months. 19 months.

12. Satender Kumar Similarly in another case i.e. in the case of ‘Satender Kumar Similarly in another case i.e. in the case of prolonged Antil v. Central Bureau of Investigation’ (2022) 10 SCC 51 prolonged Antil v. Central Bureau of Investigation Antil v. Central Bureau of Investigation incarceration and inordinate delay engaged the attention of the Hon’ble incarceration and inordinate delay engaged the attention of the Hon’ble incarceration and inordinate delay engaged the attention of the Hon’ble incarceration and inordinate delay engaged the attention of the Hon’ble ourt of India, which considered the correct approach towards bail, Supreme Court of India, which considered the correct approach towards bail, ourt of India, which considered the correct approach towards bail, Supreme C with respect to several enactments, including Section 37 NDPS Act. The with respect to several enactments, including Section 37 NDPS Act. The with respect to several enactments, including Section 37 NDPS Act. The with respect to several enactments, including Section 37 NDPS Act. The expressed the opinion that Section 436A of Hon’ble Supreme Court of India expressed the opinion that Section 436A of expressed the opinion that Section 436A of Hon’ble Supreme Court of India the Criminal Procedure Code, 1973 [which req the Criminal Procedure Code, 1973 uires inter alia the accused to which requires inter alia the accused to be enlarged on bail if the trial is not concluded within specified periods] be enlarged on bail if the trial is not concluded within specified periods be enlarged on bail if the trial is not concluded within specified periods be enlarged on bail if the trial is not concluded within specified periods would apply in such cases. would apply

13. Ismail Khan @ Pathan vs. State of Rajasthan’ Ismail Khan @ Pathan vs. State of Rajasthan In the case of ‘Ismail Khan @ Pathan vs. State of Rajasthan with regard to recovery of commercial Criminal Appeal No.4911 of 2025 with regard to recovery of commercial with regard to recovery of commercial Criminal Appeal No.4911 of 2025 quantity of narcotic substance the Hon’ble Supreme Court of India accorded quantity of narcotic substance the Hon’ble Supreme Court of India accorded quantity of narcotic substance the Hon’ble Supreme Court of India accorded quantity of narcotic substance the Hon’ble Supreme Court of India accorded GAURAV THAKUR 2026.02.28 15:40 I attest to the accuracy and integrity of this document CRM-M-31066-2025 (O&M) (O&M) 5 5 the benefit of bail to the accused in view of prolonged incarceration for a the benefit of bail to the accused in view of prolonged incarceration for a the benefit of bail to the accused in view of prolonged incarceration for a the benefit of bail to the accused in view of prolonged incarceration for a period of 02 years and 08 months of the accused. period of 02 years and 08 months of the accused. period of 02 years and 08 months of the accused.

14. The similar benefit has been taken in another appeal i.e. SLP benefit has been taken in another appeal i.e. SLP Ebrahim @ Ibrahim SK vs. The State of West No.15699-2025 titled as ‘Ebrahim @ Ibrahim SK vs. The State of West Ebrahim @ Ibrahim SK vs. The State of West No.15699 Bengal’ and in the case of and in the case of ‘Pamesh Arora vs. UT Chandigarh Criminal Pamesh Arora vs. UT Chandigarh’ Criminal Appeal No.4872 of 2025. Appeal No.4872 of 2025

15. The State of West In the case of ‘Hasanujjaman & Ors. V/s The State of West In the case of ‘Hasanujjaman & Ors. V/s Bengal’ SLP (Crl.) No.3221 of 2023, the benefit of bail has been accorded Bengal’ SLP (Crl.) No.3221 of 2023, the benefit of bail has been accorded Bengal’ SLP (Crl.) No.3221 of 2023, the benefit of bail has been accorded Bengal’ SLP (Crl.) No.3221 of 2023, the benefit of bail has been accorded by the Hon’ble Supreme Court of India to an accused, who was found in the by the Hon’ble Supreme Court of India to an accused, who was found in the by the Hon’ble Supreme Court of India to an accused, who was found in the by the Hon’ble Supreme Court of India to an accused, who was found in the possession of 115 bottles of phensedyl, by observing that:- possession of 115 bottles of phensedyl, by observing that: possession of 115 bottles of phensedyl, by observing that: ody for a period of one year and three a) the petitioner was in custody for a period of one year and three ody for a period of one year and three months; b) the investigation in that case was complete and charge the investigation in that case was complete and charge-sheet had been filed, but charges were yet to be framed; had been filed, but charges were yet to be framed; the conclusion of trial would take some time; and c) the conclusion of trial would take some time; and d) the petitioner had no criminal ante the petitioner had no criminal antecedents. In view of abovementioned prevailing factors, it has been In view of abovementioned prevailing factors, it has been In view of abovementioned prevailing factors, it has been observed by the Hon’ble Supreme Court of India that there is substantial observed by the Hon’ble Supreme Court of India that there is substantial observed by the Hon’ble Supreme Court of India that there is substantial observed by the Hon’ble Supreme Court of India that there is substantial compliance of Section-37 of NDPS Act. compliance of Section

16. Similarly, in the case of ‘Nandlal Mondal @Abhay Mondal V/s Similarly, in the case of ‘Nandlal Mondal @Abhay Mondal V/s Similarly, in the case of ‘Nandlal Mondal @Abhay Mondal V/s f West Bengal’ SLP(Crl) No.12788/2023, the Hon’ble Supreme The State of West Bengal’ SLP(Crl) No.12788/2023, the Hon’ble Supreme f West Bengal’ SLP(Crl) No.12788/2023, the Hon’ble Supreme The State o Court of India afforded the benefit of bail to the accused, who was found in Court of India afforded the benefit of bail to the accused, who was found in Court of India afforded the benefit of bail to the accused, who was found in Court of India afforded the benefit of bail to the accused, who was found in possession of 10,000 ml of codeine phosphate, and was in custody for a possession of 10,000 ml of codeine phosphate, and was in custody for a possession of 10,000 ml of codeine phosphate, and was in custody for a possession of 10,000 ml of codeine phosphate, and was in custody for a GAURAV THAKUR 2026.02.28 15:40 I attest to the accuracy and integrity of this document CRM-M-31066-2025 (O&M) (O&M) 6 6 t conclusion of trial would period of one and a half year, by considering that conclusion of trial would period of one and a half year, by considering tha period of one and a half year, by considering tha take long time. take long time.

17. If the facts and circumstances of the present case are analyzed If the facts and circumstances of the present case are analyzed If the facts and circumstances of the present case are analyzed in the light of above-mentioned principles of law, it transpires that: in the light of above mentioned principles of law, it transpires that:- i) i) that the petitioner is already in custody for a period of more that the petitioner is already in custody for a period of than two years and five months months; ii) that the petitioner has clean antecedents ii) the petitioner has clean antecedents; iii) that on the ground of parity also, iii) petitioner is entitled for the parity also, the petitioner is entitled for the benefit of bail as his co-accused , having similar accused Gurmeet Singh, having similar has already been enlarged on bail; role, has already been enlarged on bail; nothing has been left to be recovered from the possession iv) that nothing has been left to be recovered from the possession nothing has been left to be recovered from the possession iv) of petitioner; v) that the trial is not likely to be concluded in near future v) , as out trial is not likely to be concluded in near future, as out seven have been of thirty one prosecution witnesses, only seven have been of thirty one prosecution witnesses, only examined so far; detention of the petitioner in judicial lockup is not vi) that the detention of the petitioner in judicial lockup is not detention of the petitioner in judicial lockup is not vi) likely to serve any purpose; that there is nothing on record to show that if released on bail, vii) that there is nothing on record to show that if released on bail, that there is nothing on record to show that if released on bail, vii) the petitioner may tamper with the evidence or influence the the petitioner may tamper with the evidence or influence the the petitioner may tamper with the evidence or influence the witnesses; and viii) that there is nothing on recor viii) d to show that if released on bail, that there is nothing on record to show that if released on bail, the petitioner will not participate/cooperate in the trial. the petitioner will not participate/cooperate in the trial.

18. In the present case, the principles of law laid down by the In the present case, the principles of law laid down by the In the present case, the principles of law laid down by the in the case of “Dataram versus State of Hon’ble Supreme Court of India in the case of “Dataram versus State of in the case of “Dataram versus State of Hon’ble Supreme Court r”, 2018(2) R.C.R. (Criminal) 131, are relevant, Uttar Pradesh and another”, 2018(2) R.C.R. (Criminal) 131, are relevant, r”, 2018(2) R.C.R. (Criminal) 131, are relevant, Uttar Pradesh and anothe wherein it has been observed that “a fundamental postulate of criminal wherein it has been observed that “a fundamental postulate of criminal wherein it has been observed that “a fundamental postulate of criminal wherein it has been observed that “a fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a jurisprudence is the presumption of innocence, meaning thereby that a jurisprudence is the presumption of innocence, meaning thereby that a jurisprudence is the presumption of innocence, meaning thereby that a GAURAV THAKUR 2026.02.28 15:40 I attest to the accuracy and integrity of this document CRM-M-31066-2025 (O&M) (O&M) 7 7 re are person is believed to be innocent until found guilty. However, there are person is believed to be innocent until found guilty. However, the person is believed to be innocent until found guilty. However, the instances in our criminal law where a reverse onus has been placed on an instances in our criminal law where a reverse onus has been placed on an instances in our criminal law where a reverse onus has been placed on an instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and accused with regard to some specific offences but that is another matter and accused with regard to some specific offences but that is another matter and accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. does not detract from the fundamental postulate in respect of other offences. does not detract from the fundamental postulate in respect of other offences. does not detract from the fundamental postulate in respect of other offences. facet of our criminal jurisprudence is that the grant of Yet another important facet of our criminal jurisprudence is that the grant of facet of our criminal jurisprudence is that the grant of Yet another important bail is the general rule and putting a person in jail or in a prison or in a bail is the general rule and putting a person in jail or in a prison or in a bail is the general rule and putting a person in jail or in a prison or in a bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an correction home (whichever expression one may wish to use) is an correction home (whichever expression one may wish to use) is an correction home (whichever expression one may wish to use) is an appear to have been exception. Unfortunately, some of these basic principles appear to have been exception. Unfortunately, some of these basic principles exception. Unfortunately, some of these basic principles lost sight of with the result that more and more persons are being lost sight of with the result that more and more persons are being lost sight of with the result that more and more persons are being lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our incarcerated and for longer periods. This does not do any good to our incarcerated and for longer periods. This does not do any good to our incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society. There is no doubt that the grant or criminal jurisprudence or to our society. There is no doubt that the grant or criminal jurisprudence or to our society. There is no doubt that the grant or criminal jurisprudence or to our society. There is no doubt that the grant or tirely the discretion of the judge considering a case but denial of bail is entirely the discretion of the judge considering a case but tirely the discretion of the judge considering a case but denial of bail is en even so, the exercise of judicial discretion has been circumscribed by a large even so, the exercise of judicial discretion has been circumscribed by a large even so, the exercise of judicial discretion has been circumscribed by a large even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the number of decisions rendered by this Court and by every High Court in the number of decisions rendered by this Court and by every High Court in the number of decisions rendered by this Court and by every High Court in the ty to introspect whether denying country. Yet, occasionally there is a necessity to introspect whether denying country. Yet, occasionally there is a necessi country. Yet, occasionally there is a necessi bail to an accused person is the right thing to do on the facts and in the bail to an accused person is the right thing to do on the facts and in the bail to an accused person is the right thing to do on the facts and in the bail to an accused person is the right thing to do on the facts and in the circumstances of a case”. circumstances of a case”.

19. The principles laid down by the Hon’ble the Supreme Court of The principles laid down by the Hon’ble the Supreme Court of The principles laid down by the Hon’ble the Supreme Court of India in the case of ‘Satender Kumar Antil Vs. Central India in the case of ‘ Bureau of Satender Kumar Antil Vs. Central Bureau of Investigation and Another’, (2022) 10 SCC 51, Investigation and Another’, ( are also relevant in this case. 2022) 10 SCC 51, are also relevant in this case. the rate of conviction In the abovementioned case, it has been observed that “the rate of conviction In the abovementioned case, it has been observed that “ In the abovementioned case, it has been observed that “ in criminal cases in India is abysmally low. It appears to us that this factor in criminal cases in India is abysmally low. It appears to us that this factor in criminal cases in India is abysmally low. It appears to us that this factor in criminal cases in India is abysmally low. It appears to us that this factor the mind of the Court while deciding the bail applications in a weighs on the mind of the Court while deciding the bail applications in a the mind of the Court while deciding the bail applications in a weighs on negative sense. Courts tend to think that the possibility of a conviction being negative sense. Courts tend to think that the possibility of a conviction being negative sense. Courts tend to think that the possibility of a conviction being negative sense. Courts tend to think that the possibility of a conviction being nearer to rarity, bail applications will have to be decided strictly, contrary to nearer to rarity, bail applications will have to be decided strictly, contrary to nearer to rarity, bail applications will have to be decided strictly, contrary to nearer to rarity, bail applications will have to be decided strictly, contrary to GAURAV THAKUR 2026.02.28 15:40 I attest to the accuracy and integrity of this document CRM-M-31066-2025 (O&M) (O&M) 8 8 x up consideration of a bail application, which legal principles. We cannot mix up consideration of a bail application, which x up consideration of a bail application, which legal principles. We cannot mi is not punitive in nature with that of a possible adjudication by way of trial. is not punitive in nature with that of a possible adjudication by way of trial. is not punitive in nature with that of a possible adjudication by way of trial. is not punitive in nature with that of a possible adjudication by way of trial. On the contrary, an ultimate acquittal with continued custody would be a On the contrary, an ultimate acquittal with continued custody would be a On the contrary, an ultimate acquittal with continued custody would be a On the contrary, an ultimate acquittal with continued custody would be a case of grave injustice”. case of grave injustice

20. Recently, in the case of ‘ Tapas Kumar Palit Vs. State of ‘Tapas Kumar Palit Vs. State of , the Hon’ble Supreme Court of Chhattisgarh’, 2025 SCC Online SC 322, the Hon’ble Supreme Court of Chhattisgarh’, 2025 SCC Online SC 322 Chhattisgarh’, 2025 SCC Online SC 322 if an accused is to get a final verdict after India has observed that “if an accused is to get a final verdict after if an accused is to get a final verdict after India has observed that “ incarceration of six to seven years in jail as an undertrial prisoner, then, incarceration of six to seven years in jail as an undertrial prisoner, then, incarceration of six to seven years in jail as an undertrial prisoner, then, incarceration of six to seven years in jail as an undertrial prisoner, then, ely, it could be said that his right to have a speedy trial under Article definitely, it could be said that his right to have a speedy trial under Article ely, it could be said that his right to have a speedy trial under Article ely, it could be said that his right to have a speedy trial under Article 21 of the Constitution has been infringed”. It has also been observed by the 21 of the Constitution has been infringed”. It has also been observed by the 21 of the Constitution has been infringed”. It has also been observed by the 21 of the Constitution has been infringed”. It has also been observed by the Hon’ble Supreme Court of India in the abovementioned case that “delays are Hon’ble Supreme Court of India in the abovementioned case that “delays are Hon’ble Supreme Court of India in the abovementioned case that “delays are Hon’ble Supreme Court of India in the abovementioned case that “delays are ely bad for the victims, for Indian society and bad for the accused and extremely bad for the victims, for Indian society and ely bad for the victims, for Indian society and bad for the accused and extrem for the credibility of our justice system, which is valued. Judges are the for the credibility of our justice system, which is valued. Judges are the for the credibility of our justice system, which is valued. Judges are the for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides masters of their Courtrooms and the Criminal Procedure Code provides masters of their Courtrooms and the Criminal Procedure Code provides masters of their Courtrooms and the Criminal Procedure Code provides roceed many tools for the Judges to use in order to ensure that cases proceed many tools for the Judges to use in order to ensure that cases p many tools for the Judges to use in order to ensure that cases p efficiently”. efficiently

21. o elucidate further, this Court is conscious of the basic and To elucidate further, this Court is conscious of the basic and o elucidate further, this Court is conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fundamental principle of law that right to speedy trial is a part of reasonable, fundamental principle of law that right to speedy trial is a part of reasonable, fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of fair and just procedure enshrined under Article 21 of the Constitution of fair and just procedure enshrined under Article 21 of the Constitution of fair and just procedure enshrined under Article 21 of the Constitution of constitutional right cannot be denied to the accused as mandated India. This constitutional right cannot be denied to the accused as mandated constitutional right cannot be denied to the accused as mandated India. This Balwinder Singh versus State of Punjab and by Hon’ble Apex court in “Balwinder Singh versus State of Punjab and Balwinder Singh versus State of Punjab and by Hon’ble Apex court in Another”, 2024 SCC Online SC 4354. Another”, 2024 SCC Online SC 4354

22. If the cumulative effect of all the abovementioned factors, If the cumulative effect of all the abovementioned factors, If the cumulative effect of all the abovementioned factors, t case, is taken into consideration, it leads to a involved in the instant case, is taken into consideration, it leads to a t case, is taken into consideration, it leads to a involved in the instan GAURAV THAKUR 2026.02.28 15:40 I attest to the accuracy and integrity of this document CRM-M-31066-2025 (O&M) (O&M) 9 9 conclusion that the petitioner is entitled for the benefit of bail, and that the conclusion that the petitioner is entitled for the benefit of bail, and that the conclusion that the petitioner is entitled for the benefit of bail, and that the conclusion that the petitioner is entitled for the benefit of bail, and that the etition deserves to be allowed. present petition deserves to be allowed.

23. Accordingly, without commenting anything on the merits of the Accordingly, without commenting anything on the merits of the Accordingly, without commenting anything on the merits of the case, the present petition is hereby allowed case, the present petition is hereby . The petitioner is hereby ordered allowed. The petitioner is hereby ordered to be released on bail on furnishing personal bond and surety bond(s) to the to be released on bail on furnishing personal bond and surety bond(s) to the to be released on bail on furnishing personal bond and surety bond(s) to the to be released on bail on furnishing personal bond and surety bond(s) to the satisfaction of learned trial Court. H sfaction of learned trial Court. However the above concession owever the abovementioned concession shall be subject to following conditions: subject to following conditions:- (i) (i) that the petitioner shall not directly or indirectly make any that the petitioner shall not directly or indirectly make any that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with inducement, threat or promise to any person acquainted with inducement, threat or promise to any person acquainted with isclose such facts the facts of the case, so as to dissuade him to disclose such facts the facts of the case, so as to dissuade him to d ourt or to any other authority; to the Court or to any other authority; that the petitioner shall at the time of execution of bond, furnish (ii) that the petitioner shall at the time of execution of bond, furnish that the petitioner shall at the time of execution of bond, furnish (ii) the address to the Court concerned and shall notify the change the address to the Court concerned and shall notify the change the address to the Court concerned and shall notify the change e trial; in address to the trial Court, till the final decision of the trial; in address to the trial Court, till the final decision of th (iii) that the petitioner shall not leave India without prio (iii) r permission that the petitioner shall not leave India without prior permission of the trial Court; (SURYA PARTAP SINGH) ) JUDGE

27.02.202 2026 Gaurav Thakur Gaurav Thakur Whether speaking / reasoned Whether speaking / reasoned Whether Reportable Yes/No Yes/No GAURAV THAKUR 2026.02.28 15:40 I attest to the accuracy and integrity of this document