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2023 Supreme(J&K) 62

M. A. CHOWDHARY
Mohd. Anayat – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mehtab Gulzar
For the Respondent: Suraj Singh

JUDGEMENT

1. Petitioner through the medium of this bail application under section 439 of the Code of Criminal Procedure seeks grant of bail in his favour in a case titled "UT of J&K v. Sudesh Singh & Anr.", pending on the files of Sessions Court Reasi, arising out of FIR No. 55/2019 registered at Police Station Reasi for the commission of offences punishable under sections 8/20/29 NDPS Act and 50 Excise Act.

2. It has been pleaded that the petitioner has been falsely implicated by the respondent merely on the basis of an inadmissible confessional statement made by co-accused recorded under section 67 of NDPS Act and there being no other evidence, as such, he is entitled to be admitted to bail. It has been further asserted that petitioner had moved an application for grant of bail before the trial court, however, the same was rejected vide order dated 26.07.2022 passed in Bail App No. 435/2022.

3. Pursuant to notice, respondent filed objections to the application asserting therein that the bail application moved by the petitioner has already been rejected by the trial court and that he is not entitled to bail in view of the gravity of the accusation, nature of evidence available and se

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