The court granted bail to the applicant, a driver accused of carrying 105.70 Kg of ganja under the NDPS Act, noting that the primary accused had already been released on bail, and imposing standard bail conditions.
Applicant Firoj Khan released on bail by furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11604 of 2022
Applicant :- Firoj Khan Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Awadhesh Kumar Mishra, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No.0164 of 2022, under Sections 8/20 of Narcotics Drugs and Psychotropic Substance (N.D.P.S.) Act, Police Station Kavi Nagar, District Ghaziabad during pendency of the trial in the Court below.
The aforesaid case has been registered on the basis of F.I.R. lodged by a Sub Inspector of police against the applicant and one Pramod Kumar, alleging that the applicant was driving a goods carrier vehicle and the co-accused was sitting in the same vehicle. Upon search, a plastic bag containing Ganja kept under the foot of the co-accused person and three other bags containing Ganja were recovered from the vehicle.The total quantity of Ganja recovered from the vehicle is 105.70 Kg.
In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant is languishing in jail since 08.02.2022.
The affidavit contains a categorical undertaking that in case, the applicant is released on bail, he will not misuse the liberty and will appear before the trial court on each and every date fixed.
It has further been stated that other co-accused Pramod Kumar from whom the recovery is alleged to have been made, has already been granted bail by means of an order dated 15.07.2022 passed in Criminal Misc. Bail Application No. 22595 of 2022.
The learned counsel for the applicant has submitted that the applicant was merely driving the vehicle in which the coaccused Pramod Kumar was found carrying the Ganja and
Pramod Kumar has already been released on bail. Therefore, the applicant is also entitled to be released on bail.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.
Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
Let the applicant Firoj Khan be released on bail in Case Crime No.0164 of 2022, under Sections 8/20 of Narcotics Drugs and Psychotropic Substance (N.D.P.S.) Act, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 18.7.2022/AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.07.21 11:17:40 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving recovery of ganja in a quantity of 105.70 Kg.
1 provisions across 1 enactments
Firoj Khan
State of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
