JUDGMENT Mr. Arvind Singh Sangwan, J. (Oral):- The petitioner prays for grant of regular bail under Section439 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) in FIRNo.468 dated 17.12.2016, for offence punishable under Sections 21-A,21-B, 21-C, 22-A, 22-B, 22-C, 29 of the Narcotic Drugs andPsychotropic Substances Act, 1985 (in short ‘NDPS Act’), 3, 4, 5 of theMedical Termination of Pregnancy Act and 120-B, 315, 511 and 420 ofthe Indian Penal Code (in short ‘IPC’) registered at Police Station CivilLines, Kaithal, District Kaithal. 2. Counsel for the petitioner has submitted that on04.01.2018 while framing charge, the trial Court has framed chargesagainst the petitioner under Section 29 of the NDPS Act for the allegedconspiracy with co-accused Ramesh, Balwinder and Dhiraj to commitan offence under Section 21-C and 22-C of the NDPS Act read withSection 120-B IPC. It is further submitted that the substantive charge isframed against co-accused Anil from whom the recovery of thecontraband was effected. A copy of the order dated 04.01.2018 is takenon record as Mark X. 3. Counsel for the petitioner has further submitted that thepetitioner was granted interim bail vide order dated 04.09.2017(Annexure P3) passed in CRM-M No.9001 of 2017 till the receiving ofthe Forensic Science Laboratory report by the trial Court and thepetitioner has surrendered before the trial Court on 01.12.2017 and hehas not misused the concession of interim bail. 4. Counsel for the State, on instructions from ASI RameshKumar, has not disputed the factual position but opposed the prayer forbail. 5. Without commenting anything on merits of the case, inview of the submissions made by counsel for the petitioner andconsidering the fact that no substantive charge has been framed againstthe petitioner and also the fact that the petitioner has not misused theconcession of interim bail, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishingbail/surety bonds to the satisfaction of the trial Court. However, it willbe open for the prosecution to apply for cancellation of bail, if thepetitioner is found involved misusing the concession of bail, in anymanner.