Hardeep Singh Alias Deep vs State Of Haryana

Court
Punjab and Haryana High Court

CRM-M-59438-2026 (O&M)
CRM-M-46487-2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
218+235
CRM-M- 59438-2026 (O&M)
AKASHDEEP SINGH @ MUCHRI
......Petitioner
Versus
STATE OF HARYANA
......Respondent
CRM-M- 46487-2026
HARDEEP SINGH ALIAS DEEP
......Petitioner
Versus
STATE OF HARYANA
......Respondent
Decided on : 02.11.2026
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Surjeet Singh, Advocate
for the petitioner in CRM-M-59438-2026.
None for the petitioner in CRM-M-46487-2026.
Mr. Rajat Gautam, Addl. AG, Haryana.

SANJAY VASHISTH, J.
By this common order, both the aforementioned petitions
shall stand disposed of, as the same arise out of one common FIR.
1. The instant petitions have been filed under Section 483 of
BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the
petitioners, during the pendency of trial, who have been booked in a
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CRM-M-59438-2026 (O&M)
CRM-M-46487-2026 2
criminal case arising out of First Information Report, as detailed
hereunder:-
Sr.
No.
Petition
Name of
Petitioner
FIR
Date Section(s) Police
Station
District
No.
No.
(s)
1. CRM-M-
59438-
2026
nd
[2
petition]
Akashdeep
Singh alias
Muchri,
aged about
20 years
0178 16.05.2025 15(c)/27A/
Sadar
Fatehabad
Fatehabad
29/31 of NDPS
Act and section
238 of BNS
(section 201 of
IPC)
2. CRM-M-
46487-
2026
st
[1
petition]
Hardeep
Singh @
Deep, aged
about 22
years
0178 16.05.2025 15(c), 27A, 29
Sadar
Fatehabad
Fatehabad
and 31 (Act
No.61) of
NDPS Act and
section 238 of
BNS (section
201 of IPC)
st
2. 1 bail petition i.e. CRM-M-16479-2026 filed by the
petitioner – Akashdeep Singh alias Muchri, was dismissed as withdrawn
at that stage, vide order dated 24.04.2026 (Annexure P-3).
3. Case of the prosecution, in brief, is that on 16.05.2025,
police party received secret information, pursuant to which both the
petitioners, namely, Akashdeep Singh alias Muchri and Hardeep Singh
alias Deep, were apprehended while travelling in a vehicle (Pick-up)
bearing registration No. PB-23M-6117. Upon conducting search of the
said vehicle, 240.860 kilograms of poppy husk (Kachra Doda Post),
contained in 12 plastic bags (katte), were recovered.
After their arrest, both the petitioners suffered disclosure
statements regarding their involvement in the commission of the offence,
wherein they disclosed that the recovered contraband had been collected
by them from co-accused Mahender at the instance of another co-
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accused, namely, Risala. Consequently, Section 27-A of the NDPS Act
was added.
4. During further investigation, co-accused Mahender was
arrested on 19.05.2025, who also suffered a disclosure statement
regarding his involvement in the commission of the offence along with
co-accused Jora Ram.
Thereafter, on 29.05.2025, co-accused Ajay alias Akashdeep
alias Binder son of Bikar Singh alias Vicky was arrested. He suffered a
disclosure statement regarding his involvement in the commission of
offence along with co-accused Rakesh son of Sant Lal. Consequently,
Sections 29 of the NDPS Act and 238 of BNS were added.
5. During further investigation, co-accused Risala alias
Richhpal son of Fateh Singh was arrested on 28.06.2025, who also
suffered a disclosure statement regarding his involvement in the
commission of the offence.
Subsequently, co-accused Jora Ram was arrested on
02.07.2025, who likewise suffered a disclosure statement regarding his
involvement in the offence.
Thereafter, co-accused Rakesh was arrested on 19.09.2025,
who also suffered a disclosure statement regarding his involvement in the
commission of the offence. Consequently, Sections 29 and 31 of the
NDPS Act were added.
6. Thus, there are total seven accused in the present case,
namely: (i) Akashdeep Singh alias Machru (petitioner in CRM-M-59438-
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2026); (ii) Hardeep Singh alias Deep (petitioner in CRM-M-46487-
2026); (iii) Mahender; (iv) Ajay alias Akashdeep alias Binder; (v) Risala
alias Richhpal; (vi) Jora Ram; and (vii) Rakesh.
7. Learned counsel for the petitioner(s) submits that both the
petitioners are inside jail since 16.05.2025, i.e. for a period of
approximately one year, five months and fifteen days, and trial is not
likely to conclude in the near future.
8. It is further submitted that other co-accused, namely, Jora
Ram, Mahender and Rakesh, have already been granted the concession of
regular bail by this Court, vide common order dated 16.01.2026, passed
in CRM-M-60012-2025, CRM-M-68678-2025 and CRM-M-70163-2025
(Annexure P-2).
Similarly, co-accused Risala alias Richhpal and Ajay alias
Akashdeep alias Binder have also been granted the concession of regular
bail by this Court, vide orders dated 11.05.2026 and 11.02.2026 [passed
in CRM-M-3493-2026 and CRM-M-6800-2026] (Annexures P-3 and P-
4), respectively.
It is, thus, contended that all the remaining co-accused have
already been enlarged on regular bail and, therefore, petitioners are also
entitled to the concession of regular bail. Accordingly, learned counsel
prays for grant of regular bail to both the petitioners.
9. In response to the submissions advanced by learned counsel
for the petitioners, learned State counsel produces status report dated
31.10.2026 in CRM-M-59438-2026, which is taken on record. Office is
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CRM-M-59438-2026 (O&M)
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directed to tag the same at its appropriate place. A copy thereof has also
been handed over to learned counsel for the petitioners.
10. Opposing the prayer for bail, learned State counsel submits
that 240 kilograms and 860 grams of poppy husk were recovered from
the direct and conscious possession of the petitioners, which falls within
the definition of commercial quantity under the NDPS Act.
11. It is further argued that Bolero Pick-up vehicle in question
was being driven by petitioner-Hardeep Singh alias Deep. As per
investigation, the said vehicle continues to be registered in the name of
Tarun Bansal, who, on the basis of an affidavit, had allegedly sold the
same to Sukhwinder Singh, and thereafter, in a similar manner,
Sukhwinder Singh had allegedly sold the vehicle to petitioner Hardeep
Singh alias Deep.
12. Upon being specifically queried by the Court regarding
registered ownership of the vehicle and investigation conducted qua its
registered owner-Tarun Bansal, learned State counsel was unable to point
out any material establishing that the said registered owner had been
arrayed as an accused in the present case.
13. This Court has heard learned counsel for the parties and has
also gone through the record available on file.
14. Admittedly, neither of the petitioners is registered owner of
the vehicle in question. Thus, an issue arises as to whether the contraband
recovered from the said Pick-up vehicle was being transported by the
petitioners on their own or whether its transportation was at the instance
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of the registered owner, namely, Tarun Bansal, who has not been arrayed
as an accused in the present case. Even Sukhwinder Singh, through
whom the vehicle is stated to have been transferred to Hardeep Singh
alias Deep on the basis of affidavit, has not been arrayed as an accused.
15. Further, upon being specifically asked by the Court, learned
State counsel, on instructions, fairly conceded that neither of the
petitioners has any previous antecedents involving their participation in
any other NDPS case.
16. Another significant circumstance is that all the remaining co-
accused in the present case have already been granted the concession of
regular bail by this Court (as detailed here above).
17. Having considered the totality of facts and circumstances of
the case, nature of the allegations, period of incarceration already
undergone by the petitioners, the fact that neither of them is involved in
any other NDPS case, the circumstances surrounding ownership of the
vehicle in question, and, more particularly, the fact that all the remaining
co-accused have already been extended the concession of regular bail,
this Court deems it appropriate to grant the concession of regular bail to
both the petitioners in the present case.
Consequently, prayer made in the present petitions is
allowed. Both the petitioners are ordered to be released on bail,
subject to their furnishing bail/surety bonds to the satisfaction of the
learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/
Duty Magistrate concerned, if not required in any other case.
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18. Needless to observe that the petitioners shall not extend any
threat and shall not influence any prosecution witness in any manner
directly or indirectly.
19. Any of the discussion done and recorded here above, shall
not be construed as an expression of opinion on the facts of the case.
Therefore, trial Court is expected to decide the case by taking an
independent view, on the basis of evidence available on record, as
expeditiously as possible, in accordance with law.
20. It is further made clear that if, in future, both the petitioners
are directly found indulged in similar kind of activities, this order shall be
deemed to be cancelled.
21. Both the petitions stand disposed of.
22. A photocopy of this order be placed on the file of other
connected case.
(SANJAY VASHISTH)
JUDGE
02.11.2026
Lavisha
Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
LAVISHA
2026.11.03 10:21
I agree to specified portions
of this document