The court highlighted the requirement for reasonable grounds for believing the accused is not guilty and not likely to commit any offence while on bail, considering the seriousness of the offences under the NDPS Act and the potential threat to society.

1. Through the present bail application, Petitioner-Jasvinder Kumar seeks bail, inter alia, on the ground that he has been falsely implicated in a criminal case in FIR No.45/2015 dated 11.03.2015 registered at Police Station Nowabad under Section 8, 21, 24, 29, 31 NDPS Act.

2. It is stated in the application that after the completion of investigation charge-sheet was submitted in the Court of law by the concerned investigation agency against four accused persons including the petitioner and three others namely Ved Parkash, Mohd Farooq and Sandeep Kumar. The learned Sessions Judge, Jammu transferred the case to the Court of learned Additional Sessions Jammu and the same is pending trial. It is further stated that the trial Court framed the charge sheet against the applicant/accused person under Sections 8, 21, 24, 29, 31 of NDPS Act on 29.09.2015 and the case was fixed for recording statement of prosecution witnesses on 16.10.2015. The matter has been adjourned many times for recording of the prosecution evidence; two important prosecution witnesses namely Jamil Singh PW-2 and Sub-Inspector Ajay Angotra PW-1 were summoned along with some other formal prosecution witnesses. A bare perusal of the interim orders would reveal the conduct of these two witnesses for avoiding to appear in the Court for further prosecution examination interestingly both the witnesses when claimed to be present at the alleged place of Naka were asked by the defence to produce the respective Roznamcha, it is after that the two official witnesses kept on avoiding to appear before the Court on one or other pretext even though the trial Court issued warrant against them both bailable and non-bailable at several occasions. It is further contended that the petitioner herein who has been shown to have been arrested on 11.03.2015 along with other co-accused, was in fact illegally taken into custody by a team of SOG which was headed by PW-1 Ajay Angotra Sub Inspector who was at that time posted in SOG Jammu while the petitioner was driving a scooter near Shastri Nagar, Jammu, he was carrying a cash of Rs.5,50,000/- with him which he had taken as a sale consideration for his land which he has sold on the same day to one Amar Singh S/o Late Sh. Chela Ram R/o Swankha Morh, Channi Manhasan, Tehsil Vijaypur, District Samba. It is further stated that immediately after the arrest of petitioner, his brother namely Rajinder Kumar filed an application for release of Scooter, which was also taken away by the SOG party, who had illegally arrested the petitioner during the course of the adjudication upon the application, the Chief Judicial Magistrate, Jammu deem fit to initiate an inquiry into the matter and accordingly examined the independent witnesses which established the factum of petitioner having been taken illegal into the custody by the said SOG team on 09.03.2015. It is further contended that the petitioner infact was taken into illegal custody by the SOG team headed by PW-1 Ajay Angotra Sub-Inspector and was subsequently falsely implicated in the present case along with other three co-accused, interestingly the same Ajay Angotra Sub-Inspector has been projected as an ASS witnesses by the prosecution in the instant case. The petitioner declares with all humiliation at his command that no such Naka as shown in the case to have been laid on 11.03.2015 was ever in fact not laid. During the course of Cross examination these two witnesses namely Jamail Singh and Ajay Angotra PW, the cross examination contradicted their own case on material aspects and when were confronted with their claim of being on the alleged Naka and recovering the contraband, so alleged now they have been continuously avoiding to appear before the trial Court with the respective Roznamcha to prove their departure to and their returned from the alleged Naka. Both the prosecution witnesses especially Ajay Kumar Angotra PW-1 seemingly happens to be the story teller of the false case. It is fu