Sr. No. 89 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: Bail App No. 298/2024 Mohd. Aquil, Age 22 years, S/o Dilawar Hussain, R/o Dharmore Bagla, Post Office Jakh Tehsil Vijaypur District Samba. …Applicant(s) Through: Mr. Anil Khajuria, Advocate V/s Narcotic Control Bureau Through its Intelligence Officer, Jammu Zonal Unit Sector 12 H.No. 33, Nanak Nagar, Jammu. ... Respondent(s) Through: Mr. Vishal Sharma, DSGI CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 27.03.2025 01. The subject matter of the case is that, bail is being sought by the applicant- Mohd. Aquil in FIR No. 05/2023 for commission of offences punishable under Sections 8/21/25/27-A/29 of Narcotic Drugs and Psychotropic Substances Act, 1985. 02. Objections stand filed. 03. Learned counsel appearing on behalf of the applicant submits that bail sought for the applicant has not been granted by the trial Court vide order dated -2- Bail App No. 298/2024 11.11.2024, as such, the applicant is seeking indulgence of this Court for grant of same on the grounds mentioned in the instant bail application. 04. Learned counsel for the applicant further submits that the applicant is in judicial custody since 08.11.2023 in the aforesaid case. The learned trial Court in Para-12 of the order dated 11.11.2024, has recorded the role of the applicant- herein. The case has been investigated by the NCB. The incident is of 08.09.2023 when the NCB Jammu recovered 846 gms of heroine from the possession of two accused persons namely Sikander Singh and Moti. It is further submitted that during the course of investigation the name of two more accused persons, namely, Rajvir Kour and Sarbjit Kour came out and upon recording their statements they revealed name of the applicant-herein as the person for alleged transactions and one of the receiver of money. Thereafter, the applicant was arrested by the NCB but no recovery has been made from him. The NCB’s stand before the learned trial Court and here before this Court is that there were phone calls, call detail record which reveal that the applicant-herein was in conversation with the main accused. 05. Mr.Vishal Sharma, learned DSGI has also placed before this Court the record of the case. 06. Heard and considered. 07. The fact of the matter is that nothing has been recovered from the applicant- herein after his arrest. However, attention of this Court is being invited to order dated 12.07.2024 passed by the Single Bench of this Court in Bail App. No. 52/2024 titled as “Sarabjit Kaur vs. Union Territory of Jammu and Kashmir”, -3- Bail App No. 298/2024 passed in favour of one of the accused persons, therefore, applicant-herein prays for the same, may also be granted in his favour. 08. The bail has been granted by the single Bench of this Court as quoted hereinabove, so there is no hitch in considering application of the applicant in hand as well. According to the learned counsel for the applicant-herein, the applicant’s case is identical to the case of accused person in whose favour bail has been granted as quoted above, inasmuch as, nothing has been recovered from the applicant-herein as was not recovered in case of the said accused referred hereinabove. Thus, learned counsel for the applicant states that since the instant matter is identical to aforesaid bail matter, same may also be granted in the instant case. 09. In view of the above, application is allowed and applicant is enlarged on bail subject to furnishing of bail bond in the amount of ₹50,000/- to the satisfaction of Registrar Judicial of this court, with two sureties of the like amount to the satisfaction of In-charge/Superintendent, Jail/Sub-Jail concerned on the following conditions: i. Applicant shall remain present before the trial/sessions Court on every date of hearing. ii. Applicant shall not leave the territorial jurisdiction of the Court of trial/sessions Court without prior permission. iii. He shall furnish/intimate his whereabouts to concerned SHO on first day of every month. -4- Bail App No. 298/2024 iv. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer, as the case may be. v. He shall not tamper with the evidence or witnesses in any manner and shall not be a source of embarrassment and harassment to any of the witnesses in any manner. vi. He shall not commit an offence similar to the offences of which he is accused, or suspects, of the commission of which he is suspected. 10. Disposed of, accordingly. (VINOD CHATTERJI KOUL) JUDGE Jammu 27.03.2025 AKHILESH