DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 439 Cr.P.C. has been filed by the petitioner seeking regular bail in FIR No. 169 dated 26.12.2012 registered under Sections 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Baghapurana, District Moga. There was a secret information against the petitioner and his co-accused, namely; Angrej Singh @ Pappu that they are habitual of selling poppy-husk. When the spot was raided, none of these persons was present at the spot 10 bags each containing 35 Kgs. of poppy-husk were recovered from the spot. Indisputably, the recovery was made from an abandoned place. The co-accused, namely; Angrej Singh @ Pappu was granted concession of pre-arrest bail in these circumstances in CRMM- 8765-2013 decided on 2.5.2013, by this Court. The case of the petitioner cannot be differentiated.

(2.) The petitioner earlier applied for grant of pre-arrest bail but since he was in custody in some other case that the matter was not considered. The petitioner is now in custody since 11.4.2013.

(3.) For the reasons stated in the order dated 2.5.2013, passed in CRM-M-8765-2013 on the petition for pre-arrest bail of Angrej Singh @ Pappu, this petition deserves to be allowed. Without commenting upon the merits of the case, the instant petition is allowed. The petitioner be admitted to bail on furnishing bail bonds to the satisfaction of trial Court/Special Judge, Moga.