MOHD SHARIEF Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of instant bail application, petitioner namely Mohd. Sharief seeks grant of bail in FIR No.180/2018 dtd. 10/8/2018 under Sec. 8/21/22 of NDPS Act registered with Police Station Gandhi Nagar, Jammu.

(2.) In the bail application, it has been averred that the respondent has registered FIR No.180/2018 under Sec. 8/21/22 NDPS Act against the petitioner and petitioner is in custody of police for last more than 45 days. It is stated that petitioner had also filed an application for grant of bail before the Court of learned Additional Sessions Judge, Jammu, and the same was dismissed vide order dtd. 18/9/2018 on the ground that the accused has failed to make out a case for grant of bail since the investigation of the case is not complete and the challan against the accused has not been produced in the Court. It is further stated that the alleged contraband seized is in intermediate quantity, as such, the petitioner deserves bail. The petitioner is the sole bread earner of his family and the family members are solely dependent upon the income of the petitioner.

(3.) It has also been stated in the application that the petitioner is an innocent person having no connection with the alleged offences as mentioned in the FIR and in case the petitioner is not released, the future of the petitioner as well as his family will be spoiled, because it will cause adverse effect on the upbringing and welfare of the minor kids of the petitioner and further detention of the petitioner may cause harm to the life and future of the petitioner as well. The petitioner undertakes to abide by all terms and conditions as imposed by the Court while admitting the petitioner on bail. Lastly, petitioner has prayed for grant of bail.