SANJEEV PRAKASH SHARMA, J. - (1.) These 2nd bail applications have been filed under Section 439 Cr.P.C. in connection with FIR No.144/2020 registered at Police Station, Aklera, Jhalawar, for offences under Section(s) 8/21 and 8/29 of the NDPS Act.
(2.) The first bail application of the petitioners was withdrawn with liberty to file afresh after filing of the charge sheet. Learned counsel for the petitioners submits that charge sheet has now been filed. The petitioner-Mateen Quereshi has been said to be allegedly possessing 20 gms of smack in his possession while petitioner-Aakash is alleged to be having 45 gms smack with him. Learned counsel submits that there is no such previous case pending against the petitioners under the NDPS Act. The only allegations against the petitioners are of having cases registered against them under Sections 366, 354-B IPC and 325-A of SC/ST Act. So far as the petitioner-Aakash is concerned, the cases registered against him are under Sections 19/54 of the Rajasthan Excise Act and 4/6 of the Rajasthan Noise Control Act, 1963 and on the said basis, the petitioners cannot be considered to be in any manner having criminal record. Learned counsel further points out that allegations against the Aakash under Sections 366, 354-B IPC have also been made out as Aakash has married the girl who allegedly had filed a complaint against him.
(3.) Learned Public Prosecutor has opposed bail applications. I have considered the submissions and perused the charge sheet.;