The court allowed bail to the applicant charged under Sections 21/22 of the NDPS Act, noting that the accused had no criminal history and the mandatory provisions for recovery were not strictly followed.
Bail allowed upon furnishing personal bond and two reliable sureties with an undertaking to comply with bail conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23866 of 2019
Applicant :- Pankaj Gihar Opposite Party :- State Of U.P. Counsel for Applicant :- Suresh Chandra Verma,Devesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.55 of 2019, under Section 21/22 N.D.P.S Act, Police Station Kamalganj, District (Fatehgarh) Farrukhabad, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant. Alleged recovery is false and fake. It is further submitted that mandatory provision of N.D.P.S. Act has not been complied with at the time of alleged recovery. No public witness was taken at the time of recovery. Applicant is in jail since 14.2.2019 and he has no criminal history. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant has been arrested with the possession of 250 gram alprazolem for which he had no valid license.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the accused-applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed .
Let applicant Pankaj Gihar be released on bail in the
aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. Order Date :- 24.9.2019
Manoj
1 issue framed by the court
Whether the applicant is entitled to bail under the N.D.P.S. Act given the severity of the charge and alleged nature of recovery.
2 provisions across 2 enactments
Pankaj Gihar
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
