Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 656 (JK)

Sher Khan v. State

2017-08-17

SANJAY KUMAR GUPTA

body2017
JUDGMENT : 1. This bail application has been moved by the petitioner-Sher Khan for grant of bail in FIR No.87/2017 registered with Police Station Miran Sahib, Jammu, under Section 8/15 NDPS Act & 4/25 Arms Act. 2. In the application, it has been stated that police has wrongly implicated the petitioner in FIR No.87/2017; that he had moved bail application before learned Addl. Sessions Judge, Jammu, who declined to grant the bail on the ground that from the perusal of CD File, it revealed that sufficient material has been collected showing complicity of the applicant in commission of alleged offence, therefore, keeping in view the nature of accusation and severity of punishment, particularly vulnerability of witnesses and ordinary gullible citizens, who could fall prey to the menace of drug, because of presence of applicant, therefore, at this stage applicant cannot be enlarged on bail as final police report is yet to be presented. 3. It has been brought to the notice of the Court by learned State counsel that challan in the case has been produced before the Court of Principal Sessions Judge, Jammu on 05.08.2017. 4. Without commenting on the merits of the case, this application is disposed of with a direction to the petitioner to approach the trial Court for grant of bail at first instance.