Order

1. The instant second bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.290/2023, registered at Police Station Suket, District Kota Rural, for the offence(s) under Sections 8/20 of NDPS Act.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated for the offence under Section 8/29 of the NDPS Act. It is contended that the recovery of contraband article containing 70kg and 160 gram of Ganja was effected from the house of the other co-accused Rahees Bhai. The other co-accused has named the petitioner's, however, apart from the disclosure statement of the other co- accused Rahees Bhai, there is no other substantive evidence available on record indicating the fact that the petitioner has supplied aforesaid quantity of contraband article to co-accused Rahees Bhai, the charge-sheet has already been submitted. It is also contended that the first bail application of the petitioner was dismissed by this Court with liberty to file afresh after filing of the charge-sheet, petitioner is in custody since 29.09.2024 and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail application.

4. Heard and perused the material available on record.

5. The recovery of alleged contraband article containing 70 kg and 160 gram of Ganja was effected from the house of the co- accused Rahees Bhai and apart from the disclosure statement of the co-accused Rahees Bhai, there is no other substantive evidence available on record implicating the accused petitioner in the allege crime, though there are criminal cases against the petitioner, however, considering the entire material submitted before the Court and without expressing anything on the merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner- Alfaaz S/o Rashid, in connection with FIR No.290/2023, registered at Police Station Suket, District Kota Rural, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

The learned trial Judge shall also verify the address and the contact details of the surety through concerned S.H.O. before releasing the accused-petitioner on bail.

7. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till conclusion of the trial. The SHO of the concerned Police Station is directed to maintain a regular register marking the presence of the accused-petitioner and shall send the presence report of the accused-petitioner on the same day to the concerned trial Court every month without any delay. In case of any breach of the aforementioned conditions, the learned Public Prosecutor shall be free to move the application against the accused-petitioner for cancellation of the bail before the concerned Court.

8. The accused-petitioner is directed to submit his present address along with his mobile number to the concerned S.H.O. within 7 days from his release and the concerned S.H.O. shall verify the said address and the mobile number. In case if the petitioner changes his address or mobile number he shall submit the same before the concerned S.H.O. and also before the concerned learned trial Court.

9. A copy of this order shall be sent to the concerned S.H.O. for its strict compliance.