Nasir vs The State (Govt. Of Nct Delhi )
2020 Latest Caselaw 1439 Del

*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                         Judgment delivered on: 03.03.2020

+      BAIL APPLN. 305/2020

       NASIR                                   ..... Petitioner

                           Through:     Mr. Ankur Manav & Mr.
                                        Rajvardhan Singh, Advocates.
                           versus

       STATE (GOVT OF NCT OF DELHI)                   ..... Respondent

                           Through      Mr. Raghuvender Varma,
                                        APP for State with ASI Balbir
                                        Singh, PS Bhalswa Dairy.

       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI
                               JUDGMENT

BRIJESH SETHI, J.(Oral)

1. Vide this order I shall dispose of a bail application filed u/s. 439

CrPC by the petitioner Nasir in FIR No. 305/2020 u/s. 21/61/85

NDPS Act, P.S. Bhalswa Dairy, Delhi.

2. It is submitted that the petitioner has been falsely implicated by

the police officials in the present FIR which has been registered on the

basis of false, frivolous and concocted facts. The petitioner was

arrested by the police on 20.09.2019 and since then he is in judicial

custody.

3. It is submitted that the charge-sheet was filed by the

Investigating Agency on 19.11.2019 and presently the case is pending

before the Ld. Court of Sh. Jitender Kumar Mishra, Ld.ASJ, North

West, District, Rohini Courts, Delhi.

4. It is submitted that after framing of the charge, the petitioner

moved an application before the Ld. Trial Court for seeking bail but

the same was dismissed vide order dated 18.01.2020.

5. It is submitted that all the witnesses are the police officials and

hence there is no question of tampering with the evidence. Nothing

was recovered at the instance of the petitioner and the alleged

recovery is planted upon the petitioner. No notice U/s 50 of NDPS Act

was even given to the petitioner.

6. It is submitted that leading the evidence and conclusion of the

case will take considerable time and therefore, no useful purpose

would be served by keeping the accused in jail till the final disposal of

the case. It is, therefore, prayed that petitioner be released on bail in

the interest of justice.

7. Ld. APP for the state has opposed the bail application on the

ground that allegations against the petitioner are serious in nature. He

has, therefore prayed for dismissal of the bail application.

8. I have considered the rival submissions. The petitioner is in

judicial custody since 20.09.2019 and he is no more required for the

purpose of investigation. The alleged recovery of smack already stand

affected. The quantity of the smack recovered from petitioner is

alleged to be 6 gm only. Keeping in view the facts and circumstances

of the case particularly the fact that petitioner is no more required for

the purpose of investigation, he is admitted to bail on furnishing

personal bond in the sum of Rs. 15,000/- with one surety in the like

amount subject to the satisfaction of Ld. Trial Court.

BRIJESH SETHI, J MARCH, 03, 2020 Amit