IN THE SPL.

COURT OF HON’BLE SESSIONS (NDPS ACT), DURG

(Presided by (Presided by Hon’ble Sunita Toppo )

REGULAR BAIL APPLICATION NO. of 2024

In the matter of

Abdul Rashid Ali S/o Ashiq Ali

Age 61 Occ: Driver

R/o, Flat no.710, Wing A/4 , Rizvi Apartment, Behind Kalina Charch,

Kalina Donger , Vakola PS , Santacruz East , Mumbai 400029.

…… Applicant /Accused

Versus
State of Chhattisgarh
(Through Pulgaon P.S, Durg ) ….. Prosecution/

First Bail Application u/s 483 of BNSS .

For the offence u/sec 20b of NDPS

In FIR no. 445/2024 Registered by

Pulgaon Police Station Durg ,

Date of Arrest: 12/11/2024

Next Date:

THIS HUMBLE APPLICATION ON BEHALF OF THE APPLICANT

ABOVENAMED

MOST RESPECTFULLY SHEWETH

1. The Applicant was arrested on 12/11/2024 by the Pulgaon Police

Station Durg u/s 20b of NDPS Act 1985. Since then Applicant is in

judicial custody.
2. The Brief facts of the prosecution story is that upon Mukbir Suchna

on dated 12/11/2024, the Applicant was arrested , alleged to have

been found in possession of 17.820 kg Ganja which was recovered

from the Vehicle Ashok Leyland Regd. No MH 43 CE 5609 . The

detail is mentioned in the FIR and, case diary.

3. The Applicant prefers this First Bail Applicant before Hon’ble court.

Applicant craves leave to prefer the necessary document as and when

requires.

4. The Applicant pray for bail on the following grounds listed below

without prejudice to each other.

4.1The present Applicant is senior citizen , ill and poor person have

been in jail since their /his arrest date and he is falsely implicated

and due to overburden of cases, the trial is likely to take long time

for its conclusion so keeping Applicant in custody for infinite

period in the name of trial will not serve any good purpose and the

main and practical investigation is completed only chargesheet is

yet to be filed as legal formality so far as Applicant concerned no

possibility of progress and development near future in

investigation . Hence this is the fit case in which Hon’ble court

may consider to exercise the discretion relief to enlarge the

Applicant on bail.

4.2 Because, the Applicant is also entitled to be released on bail on

relying principle of presumption of innocence till proven of guilty

and the next principle is Bail is rule and Jail is exception when the
 offence alleged to have been committed is not punishable with

death and life imprisonment unless falls under exception category.

4.3In the present case is not a commercial Quantity ,hence rigors

twin stringent condition of sec 37 of NDPS Act are not applicable

in present case since the alleged recovery of contraband is non-

commercial. The offence alleged to have been committed is

punishable with extent to 10 years imprisonment. Hence both the

principal are applied in the present case, that is Bail is rule and

Jail is exception and Accused shall be presumed innocence till

proven of guilty.

4.4 It is submitted that considering the fact and circumstances, nature

and gravity of the offence, pre-trial detention of the Applicant, it is

first offence of the Applicant and the trial will take long time for

its conclusion, in such circumstances, the bail may be granted to

the Applicant by using discretionary power judiciously.

4.5.The Applicant has no concern with the alleged recovered

Contraband. The Applicant has never been involved in the

transporting and possession of Contraband substances. That

actually nothing has been recovered from the possession of the

Applicant but the false recovery of contraband has been shown

against the applicant while the applicant has no concern with the

alleged Contraband. The IO has shown false recovery of

contraband with malafide intention and such alleged contraband

recovery is purposely shown so bail may be granted in such

condition.
 4.6That from perusal of the material on record , it is clear that the

alleged recovered contraband has not been recovered from the

exclusive physical and conscious possession of the applicant on

which time and it has been allegedly recovered from the Vehicle ,

which belongs whom is not shown, the applicant has no concern in

any manner with Vehicle or Ganja.

4.7The Applicant is permanent residence mentioned in cause title but

his several relatives and known persons belong from Raipur,(CG) ,

so he is ready to furnish adequate security and shall abide all the

direction and conditions which may imposed by this Hon’ble

Court while granting bail, hence there is no chance to abscond.

4.8The Applicant is falsely implicated in above matter and he will

satisfy the hon’ble court at evidence stage that he is not guilty of

above offence. The Applicant undertakes not to commit similar

and any other offence in future after releasing on bail. It is

sufficient to believe that they are not likely to commit any offence

while on bail.

5. The custody of the Applicant is not necessary for the purpose of

further investigation/ interrogation or for any recovery.

6. The Applicant undertakes not to tamper with evidence, or threaten the

witness or obstruct the investigation in any way or to in any way

defeat the ends of justice.

7. The Applicant undertakes not to abscond and he will attend Court, and

police station whenever the Hon’ble Court requires him to. He

undertakes to comply with all conditions that the Hon’ble Court may

impose in the circumstances of the case.

title and his/their several relatives belong to State of Chhattisgarh,

from deep rooted of society, hence no chance of absconding.

PRAYER

Under these circumstances it is prayed that the Hon’ble Court may be

pleased to release the Applicant in connection of FIR 445/2024

registered by Pulgaon Police Station Durg , on his Surety Bound or

P.R.Bond or on a cash bond of a reasonable amount and or pass any

other orders, as the Hon’ble Court may deem think fit and proper in

the interest of justice.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IS DUTY

BOUND SHALL EVER PRAY.

Place Raipur

Dated

Advocate for the Applicant

(Presided by (Presided by Hon’ble Sunita Toppo )

REGULAR BAIL APPLICATION NO. of 2024

In the matter of

Abdul Rashid Ali S/o Ashiq Ali …… Applicant /Accused

Versus
State of Chhattisgarh
(Through Pulgaon P.S, Durg ) ….. Prosecution/

INDEX

No. Particulars Annex. Page

1 First Bail Application u/s 483 of BNSS

2 Affidavit in support of Bail Application.

End

Raipur
Date: Advocate for Applicant