Bombay High Court: Anticipatory bail granted to kin of accused is prevention of unjustified detention



Bombay High Court upholding Special Court order allowing anticipatory bail to a 32-year-old man named in a drugs probe following the arrest of his brother, said that while no prejudice should be caused to an investigation, harassment and unjustified detention should be prevented.

Facts of Case-

Police seized 176 grams of marijuana from a man and claimed that during interrogation in December 2020, accused also named Sikandar Baig as a supplier. Baig’s name was included in the proforma of the FIR following which he sought anticipatory bail before the special court.

His plea claimed that his involvement was alleged only on the ground that he was an accused’s brother. While the prosecution opposed the plea, on being asked if there was any evidence against him, the prosecutor submitted that there is no material showing his complicity.

 B V Wagh, special judge said,“While considering the prayer for grant of pre-arrest bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused,”

The court further said in the event of there being some doubt about the genuineness of the prosecution, the accused is entitled for bail.

Bombay High Court said,“On meticulous examination of the investigation papers with the case diary as well as remand report produced by the investigator, does not show any tinge of the involvement of applicant,”.

A Special court rejected the bail of a woman arrested with 126 bottles of cough syrup in Govandi in December 2020. Accused lawyer submitted to the court that that the syrup which is used for medical purposes and the quantity of banned substance codeine phosphate contained in them is not of a commercial quantity, the court said that a calculation of the quantity was not clear.

It said that at this stage when a report from the chemical analyser is yet to be received, she should not be granted bail. Officials said that there was an increase seen in the use of cough syrup, used as an intoxicant, after a crackdown on suppliers of narcotic substances.

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