Order 16

Order Details: COPY OF ORDER
Pdf Text: IA No. 7-24
SC 15-24
State Vs. Asif
FIR No. 667/2023
PS Bhalaswa Dairy
U/sec 21/25/29 NDPS Act
07.06.2024
This is an application under section 439 CrPC for grant of
interim bail moved on behalf of accused/applicant Asif.
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. S. P. Sharma, Ld. Counsel for accused/applicant.
IO is present.
Reply to the application filed. Copy supplied.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that
marriage of real sister of the applicant/accused is to be held on
22.06.2024-23.06.2024. It is further submitted that father of
accused/applicant has already expired and no elder male member
in the family is available for preparation of marriage and being
real brother his presence is required to perform all rituals in the
marriage. Hence, it is prayed that accused/applicant be released
on bail for 30 days as he is ready to abide with any condition
imposed by the court, if he be released on interim bail.
ARGUMENTS ON BEHALF OF STATE
2.1 Per contra, ld. Addl. PP for the State has vehemently
opposed the application.
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2.2 IO has verified the factum of marriage of sister of
accused/applicant. It is further submitted that accused/applicant
has three brothers and all are major and fully capable of handling
all the marriage preparation.
Submissions heard. Record perused.
FINDINGS/CONCLUSION
3.1 It is verified by IO that marriage of sister of
accused/applicant is fixed for 23.06.2024-24.06.2024. However, I
find no reason to grant interim bail to accused/applicant to attend
marriage function of his sister and to perform rituals as three
major brothers are available in the family to perform the rituals
and for preparation of marriage function. There is no mention
whether any particular ritual needs to be performed by the
accused only and same cannot be done by other brothers.
3.2 Allegations against accused/applicant are serious in
nature as contraband recovered from his possession falls into the
category of commercial quantity. He is also involved in FIR No.
215/22 U/sec 420 IPC and 8/21 NDPS Act PS Pakbada, U. P. and
there is every likelihood that he may commit further offence of
similar nature, if he be released on bail.
3.3 An opportunity has been offered by the court to
accused/applicant to avail custody parole facility and to attend
the marriage function, however, accused is declined for the same.
3.4 In view of the above facts and circumstances of the
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case, I am of the considered view that no ground is made out for
grant of bail to accused/applicant Asif. Therefore, the application
for grant of interim bail moved on behalf of the
accused/applicant Asif stands dismissed.
Pursuant to directions issued by Hon’ble Supreme Court of
India in SMWP (Criminal) No. 4/2021 titled as In Re Policy
Strategy for Grant of Bail as well as in compliance of judgment
titled as Ajay Verma Vs. State, copy of this order be sent to Jail
Superintendent through e-mail.
Copy of this order be given dasti as prayed for.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
07.06.2024
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