Alfaz Mehboob Khan v. The State Of Maharashtra

2024:BHC-AUG:22965 931-BA-1628-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1628 OF 2024 ALFAZ MEHBOOB KHAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Siddhesh S. Ghodke APP for Respondent : Mr. A. S. Shinde ...

CORAM : S. G. MEHARE, J.

DATE : 26-09-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent.

2.

The applicant seeks bail in C.R.No.146 of 2024 registered with Osmanpura Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 8(c), 209B0 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

The police recovered 1.29 K.Gram from the house of applicant. After seizure, the applicant has arraigned as an accused. The applicant has a case that he has no control over the alleged contraband. It is a small quantity. He has no antecedents. Hence, he may be granted bail.

931-BA-1628-24.odt 4.

The learned A.P.P. has strongly opposed the application. He submits that offence is serious and it is affecting the society. The house property was belonging to the applicant. Hence, he cannot deny the conscious possession. The applicant was involved in illegal selling of Ganja. Hence, the applicant may not be granted bail.

5.

Considering the quantity of Ganja seized, the first time offender and the time required to conclude the trial, the Court is of the view that his detention would serve no purpose. The applicant deserves bail. Hence, the order:-

ORDER

i) The bail application is allowed.

ii) Applicant - Alfaz Mehboob Khan be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He should not tamper with the prosecution witnesses. (b) He should not involve in the illegal crime in future. (c) He should attend the trial on each and every date. ( S. G. MEHARE ) JUDGE rrd