1. Through the medium of the instant successive petition having been
filed in terms of provisions of Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, [hereinafter referred to as the “BNSS” for
short] corresponding to Section 439 of the Code of Criminal
Procedure [now repealed and hereinafter referred to as the “Code”
for short], bail, on behalf of the petitioner-Imam Hussain @ Maltu
S/o. Makhan Din R/o. RS Pura, Jammu, in case FIR No. 109/2023
of Police Station Ghagwal, has been sought on the grounds that he
is innocent and has been falsely and frivolously implicated in the
case FIR solely on the basis of alleged confessional statement of co-
accused Liqauat Ali @ Lucky purported to have been made by him
in terms of the provisions of Section 67 of the Narcotic Drugs and
Psychotropic Substances Act, 1985, [hereinafter referred to as the
“NDPS Act” for short], which alleged statement does not form a
part of the prosecution case. That the prosecution out of its 27 listed
witnesses has produced only 09 witnesses till date at the trial and
none of them has incriminated the petitioner/accused. That since the
investigation in the case FIR is already complete with the
presentation of the final charge report before the Trial Court, as
such, there is no apprehension of petitioner’s tampering with the
prosecution evidence. That the petitioner has been in custody in the
case since his arrest on 03.09.2024 and his continued detention
tantamounts to his pre-trial conviction. That the petitioner belongs
to a respectable family and has never committed offence of any
kind. That he is deeply rooted in the society, commanding great
respect and, as such, there is no question of his misusing the
concession of bail. That there is no incriminating evidence against
the petitioner, as such, his unjustified continued detention in the
case is violative of his fundamental right guaranteed to him under
Article 21 of the Constitution of India. That the petitioner is ready
to abide by any conditions that may be imposed by this Court.
