Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SH. SAMEER BAJPAI
ADDITIONAL SESSIONS JUDGE-03
(SHAHDARA), KARKARDOOMA COURT, DELHI
Bail Application No. : 1580/24
State vs. Nitin Rana
FIR No. : 329/24
PS : Harsh Vihar
U/s : 18 NDPS Act
28.08.2024
Present : Ms. Neelam Narang Addl. PP for the State alongwith I.O.
SI Nitin Kumar.
Sh. Ravi Drall and Ms. Aditi Singh counsel for the
applicant/accused.
This is an application moved u/s 483 BNSS on behalf of
applicant/accused Nitin Rana seeking regular bail.
It is submitted on behalf of the applicant that the present case
was registered on the complaint of complainant who alleged that while
checking the jail premises, the applicant/accused was found in possession of
substance like opium 100 gms. It is further submitted that firstly, the
applicant’s bag and his body was fully checked by the ITBP and nothing was
found in his possession. Further, he was again checked at CPRO gate and he
was found in possession of 100 gms. Contraband opium at about 9.15 p.m.
Further, the allegations of the manner of recovery as mentioned in the FIR
are concocted. Further, in order to prove his innocence, the
applicant/accused got preserved the CCTV footage of the security gate
which will show that no recovery of alleged substance was made in the
manner in which it has been shown in the FIR. Further, no complaint was
given in the police station about the recovery of drugs on the same day of
alleged recovery and the FIR was lodged on 25.07.2024 i.e. after six days of
alleged recovery. Further, the applicant/accused is ready to join the
investigation and undertakes to extend his full co-operation to the
investigation agencies.
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Reply filed by the I.O. Copy supplied.
It is submitted that on 20.07.2024 a General Diary no. 06A was
received at P.S. Harsh Vihar from the Mandoli Jail Complex, Delhi that
some suspicious substance was recovered from the possession of Jail Warder
Nitin Kumar Rana while searching by the CRPF officials at CPRO hall.
Further, the I.O. reached the spot and the CRPF staff handed over him one
white envelope which was suspected to have 100 gms. Opium (2 bars).
Further, on getting a complaint from CRPF staff, the present case was
registered and on 27.07.2024 the applicant/accused was arrested.
Ld. Addl. PP has opposed the bail application on the grounds that the
offence committed by the accused is heinous in nature. Further, the
recovered contraband is intermediate in quantity. Further, the investigation
is at initial stage and the source of contraband is not traceable. Further, if
the accused is enlarged on bail, he may affect the investigation.
The court has heard the arguments and perused the material available
on record.
The record shows that the accused has been in custody for last about
one month and the investigation qua him is complete. Further, the applicant
is a Govt. servant and the court sees no chance that he will abscond or will
not cooperate in remaining investigation.
Considering the over all facts and circumstances, the application is
allowed, the applicant/accused is admitted to bail on furnishing a personal
bond of Rs.10,000/- with one surety in the like amount.
Nothing stated herein shall tantamount to an expression of opinion on
the merits of the case.
Order dasti.
( Sameer Bajpai )
Addl. Sessions Judge-03
Shahdara District, Karkardooma Courts,
Delhi : 28.08.2024
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