Ajay Sharma Alias Gora Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2025)

Ajay Sharma Alias Gora Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate concerned; petitioner directed not to extend any threat to and not to influence any prosecution witnesses directly or indirectly (¶24-25); observations expressly not an expression on the merits of the case (¶28).

Issue for consideration

Whether petitioner Ajay Sharma alias Gora, accused in FIR No. 426 dated 24.09.2024 under Sections 21, 22 and 29 of the ND&PS Act, 1985 (PS City Barnala, District Barnala) after recovery of one strip of Etizolam containing 10 tablets, is entitled to regular bail, considering the stage of trial, period of custody and his criminal antecedents. +1 more

Court's answer

Taking note of the contentions, the stage of the trial and the age of the petitioner, the Court opined that further incarceration of the petitioner in a case where the trial is not likely to conclude soon would not be warranted.

Ratio / Principle

The Court deemed it appropriate to enlarge the petitioner on regular bail to the satisfaction of the trial Court.

Key takeaways

The petition is allowed and the petitioner is ordered to be released on regular bail on furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate concerned.ratio¶¶23
The observations made are not to be construed as an expression on the merits of the case; the Trial Court shall decide the case on the basis of available material.obiter¶¶28

Detailed headnote1 paragraphs

Bail — Regular bail granted — ND&PS Act, 1985, Ss. 21, 22 & 29 — FIR No. 426 dated 24.09.2024, Police Station City Barnala, District Barnala — Recovery of one strip of Etizolam containing 10 tablets from petitioner; prosecution case of four car occupants each found with one strip of 10 tablets and a fifth strip from the ground; counsel contended individual recovery renders joint-possession aspect circumspect and recovery non-commercial (contention noted; not decided as such) — Petitioner in custody 11 months; of 15 witnesses, 02 examined, 06 given up; main witnesses yet to be examined — Criminal antecedents (three Excise Act cases, three IPC cases, one NDPS Act case) urged by State, which did not dispute the factual matrix — Held: further incarceration unwarranted as trial not likely to conclude soon, noting stage of trial and age of petitioner — Petition allowed; release on furnishing requisite bail/surety bonds to satisfaction of trial Court/Duty Magistrate; undertaking not to threaten or influence prosecution witnesses; observations not an expression on merits (Vinod S. Bhardwaj, J., oral, 25.08.2025).

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

296

CRM-M-17064-2025

Date of decision: 25.08.2025

AJAY SHARMA ALIAS GORA

......Petitioner

VERSUS

STATE OF PUNJAB

.......Respondents

**CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *******

Present: - Mr. P.S. Sekhon, Advocate for the petitioner.

Mr. I.P.S Sabharwal, DAG, Punjab.

VINOD S. BHARDWAJ, J. (Oral)

The instant petition is for seeking concession of regular bail in case FIR No. 426 dated 24.09.2024 under Sections 21, 22 and 29 of the ND&PS Act, 1985 registered at Police Station City Barnala, District Barnala.

Learned counsel appearing on behalf of the petitioner contends that the petitioner has been arraigned as an accused on the strength of recovery of one strip of Etizolam containing 10 tablets. He contends that as per the case of prosecution, four persons were sitting in the car and one strip containing 10 tablets each was recovered from each of the persons so sitting while 05^th strip was recovered from the ground. It is submitted that since the

VISHAL SHARMArespondents have effected recovery of one specific strip from the petitioner, 2025.08.26 13:57 I attest to the accuracy and integrity of this document

CRM-M-17064-2025 -2-

the aspect of joint possession would become circumspect. He submits that the recovery would thus be non-commercial against the petitioner. It is submitted that the petitioner has been in custody for last 11 months and out of the 15 witnesses, 02 witnesses have been examined while 06 witnesses have been given up. He submits that the main witnesses are yet to be examined by the respondents.

Counsel for the respondent-State, however, contends that petitioner has criminal antecedents and that he was involved in three cases of Excise Act and three other cases under the IPC as well as one case of NDPS Act. He, however, does not dispute the factual matrix noticed above and the recovery of individual strips of 10 tablets each.

I have heard learned counsel appearing on behalf of the respective parties.

Taking note of the contentions noticed above, the stage of the trial as well as the age of the petitioner, I am of the opinion that further incarceration of the petitioner in a case where the trial is not likely to conclude soon would not be warranted. I deem it appropriate to enlarge the petitioner on regular bail to the satisfaction of the trial Court.

The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned.

It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or

indirectly. VISHAL SHARMA 2025.08.26 13:57 I attest to the accuracy and integrity of this document

CRM-M-17064-2025

-3-

The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material.

(VINOD S. BHARDWAJ) AUGUST 25, 2025 JUDGE

Vishal Sharma

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

VISHAL SHARMA 2025.08.26 13:57 I attest to the accuracy and integrity of this document