LAWS(DLH)-2019-9-103

GAURAV MAVI Vs. STATE

Decided On September 16, 2019
Gaurav Mavi Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Bail APPLN. 2231/2019 & Crl.M(B) No. 1571/19

(2.) It is submitted by the Ld. counsel for the accused that there are no specific allegations in the FIR against the petitioner and he was not even present at the place of incident. He further submitted that the investigating agency is acting against the petitioner only on the basis of the disclosure statement made by co-accused Pulkit Rastogi in whose disclosure statement the name of the petitioner has come up for the first time. He further submitted that it is co-accused Pulkit Rastogi from whom the psychotropic substances were recovered. He further submitted that the charge sheet has already been filed and there are no chances of the petitioner to tamper with the evidence. It is further argued by the Ld. counsel for the petitioner that all 7 accused except accused Pulkit Rastogi have been granted regular bail. It is further submitted by the Ld. counsel for the petitioner that the petitioner has always made himself available for the investigation and he has even written an email dated 18.07.2019 to the SHO concerned.

(3.) On the other hand, it is urged by the Ld. Addl. PP for the state that the petitioner was one of the chief organizer of the party and coaccused Pulkit Rastogi in whose possession the narcotics and psychotropic substances were found disclosed that it was the petitioner who provided the narcotics and psychotropic substances to him at the party for selling the same to the persons who came to attend the party and the petitioner also provided two weighing machines for weighing the psychotropic substances before selling.