NAGARY ALLY KOMBO Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) Vide this order I shall dispose of a bail application filed u/s. 439 CrPC by the petitioner Nagary Ally Kombo in Case No. SC 139/2019 u/s. 9A/25A r/w. Section 29 of NDPS Act.

(2.) Ld. Counsel for the petitioner has prayed for bail on the ground that petitioner is innocent and has been falsely implicated. It is submitted that presumption of innocence lies in favour of the petitioner till the guilt is proved beyond reasonable doubt. It is further submitted that there is no possibility of petitioner fleeing from justice as his passport was seized at the time of investigation by the IO at NCB on the date of arrest.

(3.) It is next submitted that at the time of exercise of bail, the nature of allegations and gravity and seriousness of the offence, nature of punishment, character and nature of evidence, chances of tampering with the prosecution evidence and chances of fleeing from justice and, status of the accused person and all the cumulative factors are required to be considered while granting bail and bail jurisdiction cannot be exercised in a capricious and arbitrary manner depriving the petitioner of his right to secure liberty by following the procedure established by law.