Shubham Kumar Gupta v. The State of Jharkhand

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner For the State : Mr. A.K. Kashyap, Sr. Advocate : Mr. Suraj Verma, Advocate : Mr. S.S. Kumar, Addl. P.P. Order No.05 Dated- 29.09.2023 ------ Heard the parties. The petitioner has moved this Court for grant of bail in connection with Khunti P.S. Case No.58 of 2023 (N.D.P.S. Case No.34 of 2023) registered under sections 15 (c)/25/22 of N.D.P.S. Act. The learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in the business of narcotic drugs and psychotropic substances and a truck loaded with 870.86 kg of doda was seized by police and on the basis confessional statement, the petitioner has been implicated in this case. It is further submitted that the allegations against the petitioner are all false and there is no scientific report to suggest that the seized articles were doda and though the petitioner has been in custody since 02.05.2023, but without obtaining FSL report, charge sheet has been submitted against the petitioner alleging that the seized articles were doda. It is next submitted that except the confessional statement, there is no other material in the record to implicate the petitioner in this case and nothing has been seized from the physical possession of the petitioner. It is further submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Khunti, in connection with Khunti P.S. Case No.58 of 2023 (N.D.P.S. Case No.34 of 2023) with the condition that the petitioner will cooperate with the trial of the case. Sonu/Gunjan- (Anil Kumar Choudhary, J.)