Order 9

Order Details: COPY OF ORDER
Pdf Text: IA No. 3-24 SC 452-23
STATE Vs. Rohan @ Yogi
FIR No. 129/2023
PS Crime Branch
U/sec 21/25/29 NDPS Act
31.01.2024
This is an application under section 439 CrPC for grant of
regular bail moved on behalf of accused/applicant Rohan @
Yogi.
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. Manjeet Chauhan, ld. Counsel for
accused/applicant.
Reply to the application has already been filed.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that he
has been falsely implicated in this case and he is in JC since
24.11.2023. It is further submitted that nothing was recovered
from the possession or at the instance of accused/applicant. It is
further submitted that investigation in this case has already been
completed and no useful purpose would be served in keeping the
accused/applicant in custody as charge sheet has already been
filed. It is further submitted that co-accused from whom 100
grams of heroin was recovered, has already been released on bail
by Hon'ble High Court, hence, it is prayed that accused/applicant
may also be admitted to bail on the ground of parity as he is
ready to abide with any condition imposed by the court.
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ARGUMENTS ON BEHALF OF STATE
2. On the other hand, Ld. Addl. PP for the State has
vehemently opposed the application stating that on 26.05.2023
on receipt of secret information, co-accused Chetan was
apprehended near Bawana Road, T-Point, Sector-29, Rohini,
Delhi and from his personal search white polythene containing
100 grams of heroin was recovered. Contraband was seized and
co-accused Chetan was arrested. During interrogation, co-
accused Gulab Rai @ Chetan disclosed that he procured the
recovered contraband from Rohan. It is stated that raids were
conducted at his address/hideouts but he was found absconding
and NBW against him have also been issued by Hon'ble Court. It
is submitted that on 17.11.2023 proceedings against accused
under section 82 CrPC were initiated against him and thereafter,
he surrendered before the court. It is stated that during
investigation, accused stated that the mobile phone through
which he used to contact Gulab Rai @ Chetan had been broken
and thrown by him. It is further submitted that accused/applicant
is the source of contraband and he was in connection with co-
accused Gulab Rai @ Chetan through WhatsApp Chat and calls.
It is further submitted that considering the conduct of
accused/applicant during investigation, it would be difficult to
secure his presence before the court to conclude the trial.
Submissions heard. Record perused.
FINDINGS/CONCLUSION
3. Charge sheet against accused has already been filed.
He is not involved in any other case. Accused is charge sheeted
under section 21/29 NDPS Act. Recovered contraband from co-
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accused Gulab @ Chetan falls into intermediate quantity, bar of
section 37 NDPS Act is not applicable. Moreover, co-accused
Gulab @ Chetan has been admitted to bail and role of the present
accused is much lesser than co-accused Gulab @ Chetan. Trial
shall take considerable time and there is no possibility of
tampering with the evidence or material recovery witnesses being
police officials being threatened, I deem it appropriate to grant
bail to accused-applicant Rohan @ Yogi. Hence,
accused/applicant Rohan @ Yogi is admitted to bail subject to
furnishing a personal bond in the sum of Rs. 50,000/- with
one surety in the like amount on the following conditions:
i) That the applicant/accused shall not leave Delhi
without prior intimation to the IO/Court either by
written intimation or through SMS to IO on
mobile phone in advance;
ii) That the applicant/accused will supply all
numbers of his functioning phones/mobile phones
to the IO as well as about his whereabouts.
iii) That the applicant/accused shall not tamper
with the evidence;
iv) That the applicant/accused shall not try to
contact in any manner or threat the prosecution
witnesses;
v) That in case of change of his residential
address, he shall intimate the court about the
same;
vi) That the applicant shall attend the Court on
each and every date of hearing without fail.
vii) In case of involvement in any criminal case
during bail period the bail shall be liable to be
cancelled.
Nothing in this order shall tantamount to an
expression of opinion on the merits of the case during trial.
Pursuant to directions issued by Hon’ble
Supreme Court of India in SMWP (Criminal) No. 4/2021
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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
31.01.2024
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