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Judgment
20 paragraphs · 229 wordsThe present petition has been filed under Section 439 Cr.P.C. for
grant of regular bail to the petitioner in case FIR No. 245 dated 4.10.2014 under
Sections 22 of NDPS Act, registered at Police Station Shahkot, District Jalandhar
City.
Learned counsel for the petitioner contended that the petitioner has
been falsely implicated in this case though he was not apprehended on the spot
nor he was present on the spot nor any recovery was effected from his possession.
His name has just been added on the statement of Major Singh, who is otherwise
inimical to him. He is in custody since 17.1.2015, so he may be released on bail.
Learned State counsel, on instructions from ASI Amarjit Masih, PS
Shahkot, conceded that no recovery was effected from the petitioner nor he was
present on the spot. His name has just cropped up on the statement of Major
Singh, co-accused.
Having considered the submissions made by learned counsel for the
parties and the fact that the petitioner is in custody since 17.1.2015 and no
recovery was effected from him; decision of the case still to take some time; no
useful purpose will be served by keeping the petitioner in custody, therefore, he is
ordered to be released on bail on his furnishing bail/surety bonds to the
satisfaction of CJM/Area Magistrate, Jalandhar.
The petition is allowed.
