Second bail application allowed in NDPS case despite prior rejection due to commercial quantity and criminal history, as applicant implicated in multiple cases from single incident and already released on bail in other related charges.
Release on personal bond and two reliable sureties subject to conditions regarding trial attendance and conduct.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13987 of 2022
Applicant :- Lal Babu Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Agrawal,Harsh Vardhan Deshwar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Arvind Agrawal and Sri Harsh Vardhan Deshwar, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal , the learned A.G.A. for the State and perused the record.
The present second bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 75 of 2021, under Sections 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985 , P.S. Vrindavan, District Mathura.
The aforesaid case has been registered on the basis of an F.I.R. lodged by the Sub Inspector of Police on 27-01-2021 alleging that the applicant was apprehended and arrested and 350 gms of Alprazolam was recovered from him.
The first bail application of the applicant was rejected by means of an order dated 30-06-2021 passed by this Court in Criminal Misc. Bail Application No. 19755 of 2021 on the ground that the seized quantity is far more than the commercial quantity which is fixed at 100 gms and the applicant has a criminal history of another case of recovery of 108 gms of Alprazolam.
In the second bail application it has been stated that along with the present case i.e. Case Crime No.75 of 2021, the applicant was implicated in three other cases on the basis of the same incident i.e. Case Crime No.71 of 2021, 73 of 2021 and 76 of 2021 and the entire criminal history relates to a single incident and in all the three cases the applicant has already been released on bail and copies of bail orders have been annexed along with the affidavit filed in support of the bail application.
The applicant has a previous criminal history of two cases, (i) Case Crime No. 213 of 2019, under Sections 379, 411 I.P.C., P.S. Vrindavan, District Mathura in which the applicant has been granted bail by the Chief Judicial Magistrate, Mathura vide order dated 19-03-2019 and (ii) Case Crime No. 215 of 2019, under Sections 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Vrindavan, District Mathura in which the applicant was released on bail vide order dated 21-
08-2019 passed in Criminal Misc. Bail Application No. 18496 of 2019.
The application has filed a supplementary affidavit disclosing that there was another case against him bearing Case Crime No. 463 of 2019, under Sections 328 and 376 I.P.C., P.S. Kotwali, District Mathura and after investigation the police has submitted a final report on 06-02-2020.
It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case and he is in jail since 27-01-2021 and till date although charges were framed in the case on 28-092021 but the trial has not yet commenced. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.
Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
Let the applicant - Lal Babu be released on bail in Case Crime No. 75 of 2021, under Sections 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985 , P.S. Vrindavan, District Mathura on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 bail before this Court seeking cancellation of bail.
Order Date :- 19.7.2022
pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.07.20 10:45:44 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether applicant is entitled to bail considering previous criminal history and seized quantity exceeding commercial limits.
1 provisions across 1 enactments
Lal Babu
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
