Awdhesh v. State of Up

Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42956 of 2020

Applicant :- Awdhesh Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Prasad Mishra,Ram Suphal Shukla Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Learned counsel for the applicant prays for and is permitted to correct the date of languishing in jail of the applicant in the memo of bail application during the course of the day.

Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 472 of 2020, under Section 8/20 of Narcotics Drugs & Psychotropic Substances Act, police station Karvi Kotwali Nagar, district Chitrakoot during the pendency of trial.

It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that as per prosecution case, 5 Kgs of Ganja is said to have been recovered from the exclusive possession of the applicant, which is less than the commercial quantity, therefore, provisions of section 37 of N.D.P.S. Act are not attracted in the instant case. Learned counsel for the applicant submitted that there is no independent public witness of the alleged recovery. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 10.09.2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.