Criminal Misc. Bail Application wherein the applicant, charged under Section 8/15/18 N.D.P.S. Act for possession of 40 kgs poppy straw powder, was held entitled to bail during trial despite opposition by the State.
Applicant released on bail on personal bond with two sureties upon satisfying court conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41458 of 2020
Applicant :- Bablu Pankhiya Opposite Party :- State of U.P. Counsel for Applicant :- Sanjive Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 152 of 2020, under Section 8/15/18 N.D.P.S. Act, P.S. Hajratpur, district-Budaun and is in jail since 23.7.2020, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that the only allegation against the applicant is that 40 kgs. of Poppy Straw powder was shown recovered from the possession of the applicant, which is below commercial quantity. He next submits that alleged contraband was recovered from two containers and no recovery was made from the applicant. He also submits that similarly place co-accused Anil Khan Pankhiya and Nadeem Ali have already been enlarged on bail by another Bench of this Court vide orders dated 23.11.2020 and3.11.2020 passed in Criminal Misc. Bail Application Nos. 39686 of 2020 and 34872 of 2020, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submits that the there has been no compliance of Section-50 of N.D.P.S. Act. He has lastly submitted that the applicant who has no criminal antecedents to his credit, is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the fact and circumstances of the case, nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Bablu Pankhiya be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned
counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing
Order Date :- 25.11.2020 Faridul
2 issues framed by the court
Whether an applicant charged under the N.D.P.S. Act for possession of poppy straw powder below commercial quantity is entitled to bail during trial.
Whether non-compliance with Section 50 of the N.D.P.S. Act affects the grant of bail.
Bablu Pankhiya
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
