KISHORE SHARMA Vs. STATE

JUDGEMENT

(1.) The instant bail application has been filed by the petitioner for grant of bail under sections 08/21/22 NDPS Act. The petitioner had earlier also moved the bail application before the learned Additional Sessions Judge, Kathua (hereinafter referred to as, the Trial Court), but the same was rejected vide order dated 18th August, 2017 by the learned Trial Court without considering the grounds taken by the petitioner therein.

(2.) In this petition it is stated that the non-applicant has implicated the applicant in a false and frivolous criminal case under the aforesaid Sections. The Challan (Annexure-A) was presented in the case titled, 'State Vs. Kishore Sharma and ors.' The same is pending before the Trial Court and the next date of hearing was fixed on 04th September, 2017. In the Challan, it has been alleged that 5.9 grams of Heroin was recovered from the applicant. It needs to mention that as per prosecution story, there were three accused and the bail has already been granted to the rest of the two accused. In the Challan, it has also been alleged that 5 grams of Heroin each was recovered from the rest of the two accused. The applicant was behind the bars for almost one and half month. Moreover, the Challan, which was already presented is pending before the Trial Court.

(3.) The petitioner had moved an application for bail before the Trial Court, but the same was rejected by the Trial Court vide its order (Annexure-B) dated 18th August, 2017. The Trial Court dismissed the bail application of the applicant/petitioner in a casual, cavalier, slipshod and mechanical manner. The Trial Court while dismissing the bail application of the applicant lost sight of the basic guidelines to be followed while deciding the bail application.