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Cri. Bail Application No. 926 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 926 OF 2022
{Hemraj Mahendrasing Girase vs. The State of Maharashtra through
Ambad Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime no. 328
of 2022 registered with Ambad Police Station for the offences
punishable under sections 8(c), 20(b) and 29 of the N. D. P. S. Act.
02]
The applicant contended that false and fabricated case is
registered against him. He had not committed any offence. He is
falsely involved in the crime. Only, his motor cycle is found and coaccused gave statement against him, he is involved in the crime. He
has no criminal antecedent and his permanent resident of the address
mentioned in the application. He is ready to abide by any conditions
imposed by the court. His family is dependent on him. Hence, he has
prayed for grant of anticipatory bail application.
03]
APP filed say at Ex. 07 and I. O. filed say at Ex. 08. They
have stated that the offence is of serious nature. The arrested accused
has named the present accused that they purchased the ‘Ganja’ from
him. His custodial interrogation is required. To whom, he has sold
‘Ganja’ is required to be ascertained. Since filing of FIR, he is
absconding. Hence, they prayed for rejection of the bail.
04]
Heard the learned counsel for the accused and learned
APP. They have argued as per their stand taken as above. The learned
counsel for the accused has relied on the case of “Kamal Kumar vs.
State of Punjab reported in 2022(2) Bom. C. R.(Cri.)(J.)40”, In the
context that the petitioner was implicated on the basis of disclosure
statement of the co-accused from whom recovery of contraband
article is made. His name is not mentioned in FIR. Nothing is
recovered from him. He has no criminal antecedent. He is entitled for
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bail.
05]
I have gone through the application, say, arguments, case
law and police papers. It appears to the court that the name of the
present applicant is revealed from the statement of the co-accused. As
rightly said in Kamal Kumar (supra), such statement can not be used
against the applicant. But, in this case, the accused is named in FIR, his
motor cycle is seized while carrying the ‘Ganja’ by accused nos. 1 and 2.
The investigation is at very beginning stage. Yet, the CDR and the other
co-relation between accused nos. 1 and 2 and the present applicant is to
be investigated. The offence is of serious nature. Intermediate quantity
of ‘ganja’ is seized from accused nos. 1 and 2. The custodial
interrogation of the accused is required. The cited case law of Kamal
Kumar (supra) differs on facts and circumstance of this case. The offence
is of serious nature and the punishment is severe. The applicant is not
entitled for anticipatory bail. Hence, the following order:
ORDER
Application is rejected.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.30
17:50:49 +0530
Date : 29.07.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.