Lavlesh v. State of U.P.

Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9286 of 2021 Applicant :- Lavlesh Opposite Party :- State of U.P. Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Joshi,J.

Heard Sri S.P.S. Chauhan, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.576 of 2020, under Section 08/20 N.D.P.S. Act, Police Station Karvi Kotwali, Chitrakoot during the pendency of trial.

It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R., 06 kg. ganja is alleged to have been recovered from the possession of the applicant, which is less than the commercial quantity i.e. 20 kg. It is further contended by learned Counsel for the applicant that the entire recovery is false and planted for which there is no independent witness and there is no strict compliance of Section 50 of N.D.P.S. Act, which is mandatory. Lastly it is contended that the applicant is in jail since 04.11.2020 having criminal history of 18 cases in which he is on bail as explained in paragraph no.13 of the affidavit filed in support of the bail application and paragraph nos.6 to 8 of the supplementary affidavit 03.09.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.