CRM-M/10526/2026 of VISHAL ALIAS LOVEPREET SINGH Vs STATE OF PUNJAB on 9 July 2026

1. This order shall dispose of two petitions bearing CRM-M-10526- 2026, CRM-M-9643-2026, as these are arising out of same FIR. For brevity, the facts are being taken from CRM-M-10526-2026.

2. These petitions have been filed by the petitioners seeking regular bail to the petitioners in case bearing FIR No.140 dated 27.10.2024, under Sec- tion(s) 21C, 23, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act,1985, Sections 10, 11 and 12 of the Air Craft Act, 1934 and Sections 303(2)and 341(2) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Dera Baba Nanak, District Batala, District Gurdaspur, Punjab.

3. Briefly stated, the present FIR was initially registered against un- known persons after the police received information that a packet had been thrown into certain agricultural fields. Acting upon the said information, the police recovered 1 kg 500 grams of heroin from the fields belonging to Sarabjit RENU RAWAT

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Kaur, situated in Village Pakhoke, Tehsil Dera Baba Nanak, District Gurdaspur. On the following day, the police received secret information that four persons, namely Sunny, Vijay, Gagandeep and Vishal @ Lovepreet, were searching for the concealed contraband in the said fields, pursuant to which the petitioner was apprehended. Subsequently, on the basis of the disclosure statement suffered by co-accused Sunny, petitioner Gurbaksh Singh @ Lalla was also nominated as an accused in the present case.

4. Learned counsel for the petitioners contends that the petitioners have been falsely implicated and there is no material on record establishing any nexus between the petitioners and the contraband recovered from the fields. It is further submitted, on behalf of petitioner Gurbaksh Singh @ Lalla, that the petitioner has been nominated solely on the disclosure statement of co- accused Sunny, which is inadmissible in evidence except to the limited extent permissible under law, and that no recovery has been effected from his possession or at his instance. Learned counsel further submits that the co-accused have already been granted the concession of regular bail by a Coordinate Bench of this Court. It is also submitted that the petitioners have re- mained in judicial custody since the date of their arrest.

5. Notice of motion.

6. Mr. Subhash Godara, Addl. Advocate General, Punjab accepts notice on behalf of the respondent-State. He has vehemently opposed the prayer made by learned counsel for the petitioners on the ground that the petitioners have actively participated in the alleged crime. Custody certificates of the petitioners have been filed in Court today and are taken on record. As per the custody certificates, petitioner Vishal is in custody for the last 01 year, RENU RAWAT

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08 months and 06 days and is not involved in any other case, while petitioner Gurbax Singh @ Lalla is in custody for the last 1 year, 06 months and 22 days and is involved in several other cases.

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

8. After hearing the rival contentions of learned counsel for the parties and keeping in view the fact that the petitioners are in custody for the last more than 01 year 06 months; co-accused have been granted concession of regular bail; coupled with the fact that the trial will take a considerable time to conclude, no useful purpose would be served for further incarceration of the petitioners. Accordingly, this Court deems it fit to grant the concession of regular bail to the petitioners during the pendency of the trial.

9. Therefore, without expressing any opinion on the merits of the case, the instant petitions are allowed. The petitioners are ordered to be released on regular bail on their furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

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

11. It is clarified that if while on bail so granted through the instant order, the petitioners are found indulging in any other criminal case/activity, it shall be open to the State to seek cancellation of their bail.

12. Pending applications, if any, shall also stand disposed of. 09.07.2026 (H.S.GREWAL) renu

JUDGE Whether speaking/reasoned : Yes/No Whether reportable: Yes/No RENU RAWAT

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