IMPORTANT POINT
Anticipatory bail granted when no substantive evidence exists against petitioners and they cooperated with the investigation.

ORDER :

Praveer Bhatnagar, J.

Apprehending their arrest in connection with FIR No. 49/2024 registered at Police Station Aklera, District Jhalawar for the offence(s) under Sections 8, 21, 25 & 29 of the NDPS Act, the petitioners have preferred these anticipatory bail application under Section 438 Cr.P.C.

2. Learned counsel for the accused-petitioners submits that the petitioners have been falsely implicated under Section 8/29 of the NDPS Act. The accused-petitioners have nothing to do with the alleged offence and have been implicated in the case based upon the statements of the co-accused Ghanshyam, from whom possession of 100 gms. smack was recovered. Apart from the disclosure statement, there is no substantive piece of evidence available on record against the accused-petitioners. He further submits that no custodial investigation of the accused-petitioners are required. He prays that the anticipatory bail of accused-petitioners may be allowed.

3. Learned Public Prosecutor vehemently opposes the bail applications and submits that recovery of contraband article was effected from co-accused Ghanshyam and his disclosure statement name of the present petitioners was revealed. He further submits that co-accused Ghanshyam was constantly in contact with the accused-petitioners through mobile. Therefore, looking to the gravity of the offence, anticipatory bail of accused-petitioners may be dismissed.

4. Having considered the overall allegations levelled in the FIR and the contentions made by counsel for the accused-petitioners, so also the fact that petitioners have joined the investigation, therefore, custodial investigation is not required, I deem it just and proper to allow the anticipatory bail applications of the accused-petitioners.

5. Accordingly, the anticipatory bail applications under Section 438 Cr.P.C. are allowed and it is ordered that in the event of arrest of the petitioners- Prabhulal S/o Uddalal and Jagdish S/o Madanlal, in connection with FIR No. 49/2024 registered at Police Station Aklera, District Jhalawar, they shall be released on bail provided each of them furnish a personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioners shall make themselves available for interrogation by a police officer as and when required;

(ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer, and

(iii) that the petitioners shall not leave India without previous permission of the court.