Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: IA No. 1-23 SC 524-23
FIR No. 149-23
PS Crime Branch
STATE Vs. Rohit Khatri
U/sec 20 NDPS Act
05.10.2023
This is third bail application moved on behalf of accused for
grant of regular bail.
Pr: Sh. P. K Samadhiya, Ld. Substitute Addl. PP for the
State.
Sh. Rajiv Tehlan, Ld. Counsel for accused/applicant.
Reply to the application filed by IO.
Arguments heard on the application under Section 439
Cr.P.C for grant of regular bail to accused-applicant.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is pleaded on behalf of the applicant that the
accused/applicant has been falsely implicated in the present case and
has been lying in Judicial Custody since 30.06.2023. It is further
submitted on behalf of the applicant-accused that investigation qua the
accused/applicant in the matter has already been completed and he is
no longer required for purpose of investigation. It is further submitted
that charge sheet has already been filed and trial shall considerable
time, hence, accused be released on bail as he is ready to abide with
any condition imposed by the court, if he be released on bail.
In support of his arguments, Ld. Counsel for the
accused/applicant has placed reliance on Anil Mahajan Vs.
Commissioner of Customs 2000 (2) JCC Delhi 302, Babu Singh
Vs. State of U. P. reported in (1978) 5 SCC 579 and Jitender Vs.
State of Madhya Pradesh Criminal Appeal No. 408/2020.
FIR No. 149/23 PS Crime Branch 1/3
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ARGUMENTS ON BEHALF OF STATE
2. Per contra, Ld. Addl. P.P for the State has vehemently
opposed the bail application stating that as per the reply filed by the
IO, on 22.06.2023 on receipt of secret information, accused/applicant
Rohit Khatri and co-accused Vishal Kumar were apprehended in a car
bearing No. DL9CAT8857 and from their possession Charas weighing
303 grams (Rohit Khatri) and 298 grams (Vishal Kumar) were
recovered. It is stated that contraband was seized and both the accused
persons were arrested. It is submitted that as per the CDR accused
Rohit Khatri and co-accused Vishal were in constant touch since
12.06.2023. It is further submitted that a screenshot was also found in
mobile phone of accused Rohit Khatri wherein he transferred Rs.
14,000/- and Rs. 10,000/- on 16.06.2023 to the source namely Raju
Thapa. It is further submitted that accused is also involved in other
criminal cases and there is every likelihood that accused/applicant
may commit further offence of similar nature, if he be released on
bail.
Submissions heard. Record Perused. I have also gone
through the judgments relied upon by Ld. Counsel for the ac-
cused/applicant.
FINDINGS/CONCLUSION
3. Charge sheet has been filed against the applicant/accused
and 303 grams of Charas was allegedly recovered from his possession.
The quantity of Charas recovered from applicant falls into
intermediate category and therefore, Bar of section 37 NDPS is not
applicable to the present case. He is not involved in any other case
under NDPS Act. All the witnesses are police officials and therefore,
there is no apprehension of threatening them. Investigation qua him is
complete and trial shall take a considerable time. Therefore,
accused/applicant Rohit Khatri is admitted to bail subject to
FIR No. 149/23 PS Crime Branch 2/3
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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.
A copy of this order be sent to the Jail
Superintendent concerned for further communication to the
accused/applicant. Copy of this order be also forwarded to Jail
Superintendent concerned through E-Mail.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
05.10.2023
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