CRM-M/18376/2026 of ANKUSH ALIAS GABBU Vs STATE OF PUNJAB on 16 July 2026

1. This petition has been under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 of Cr.P.C.) for grant of Regular bail to the petitioner in case FIR No.0051 dated 03.03.2021, under sections 22(c) of NDPS Act, 1985, registered at Police Station: Lambi, District Sri Muktsar (Annexure P-1).

2. The case of the prosecution is that the petitioner and other co-accused were coming on a motorcycle and there has been a recovery of 1000 tablets of Tramadol effected from them.

3. Learned counsel for the petitioner submits that the petitioner was a juvenile on the date of the alleged occurrence and was granted bail by the Principal Magistrate, Juvenile Justice Board, Sri Muktsar Sahib. He further submits that the petitioner could not appear before the Court as he RENU RAWAT

Chandigarh had gone outside the State to meet his relatives and was unable to inform his counsel. Consequently, vide order dated 09.09.2025, his bail bonds and surety bonds were ordered to be forfeited to the State. Learned counsel further submits that the co-accused has already been granted the concession of regular bail by a Coordinate Bench of this Court vide order dated 10.08.2023 passed in CRM-M-29549-2023. Accordingly, it is prayed that the petitioner be enlarged on regular bail during the pendency of the trial.

4. Notice of motion.

5. Mr. Subhash Godara, Addl. Advocate General, Punjab accepts notice on behalf of the respondent-State and vehemently opposes the prayer for grant of regular bail. Learned State counsel has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 06 months and 17 days and is not involved in any other case. He further submits that out of the 18 prosecution witnesses cited by the prosecution, only 02 have been examined so far, whereas 06 witnesses have already been given up.

6. I have heard the submissions made by the parties and gone through the record.

7. After hearing the rival contentions and considering the fact that in the case in hand, the petitioner is in custody for the last 06 months and 17 days; is not involved in any other case; co-accused has been garnted concession of regular bail and out of the 18 prosecution witnesses cited by the prosecution, only 02 have been examined so far, whereas 06 witnesses RENU RAWAT

Chandigarh have already been given up coupled with the fact that the trial is likely to take considerable time, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial.

8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

9. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case.

10. It is clarified that if while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail.

(H.S.GREWAL) 16.07.2026

JUDGE renu

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RENU RAWAT

Chandigarh