A single judge granted bail to the applicant in a narcotics case where 8 kg of ganja was alleged to be recovered, relying on the precedent that a co-accused had already been released and finding it a fit case for bail despite non-compliance with specific procedural provisions alleged by the defense.
Release on bail with personal bond and two sureties.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14342 of 2022
Applicant :- Jyoti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 71 of 2022, under Sections 8/20 of N.D.P.S. Act, Police Station-Saiyad Raza, District Chandauli.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is further contended by learned counsel for the applicant that in the present case, 8 kg. Ganja, which is below to the commercial quantity, is alleged to have been recovered from the possession of the applicant. There is no compliance of Sections 50, 42 and 46 of the N.D.P.S. Act. The prosecution story is not supported by any independent witness. The applicant is not involved in any other case of N.D.P.S. Act.
Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner. It is submitted that the allegations made against the accused-applicant are similar and identical to the coaccused Ram Bharos, who has already been released on bail by this Court vide order dated 09.05.2022 passed in Criminal Misc. Bail Application No.14334 of 2022. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, she may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 28.02.2022.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused has already been released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused has already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant - Jyoti Devi be released on bail in the aforesaid Case Crime Number on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 18.5.2022 Sanjeet
Digitally signed by SANJEET KUMAR YADAV Date: 2022.05.19 14:06:29 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant in a case concerning possession of ganja under the N.D.P.S. Act given the release of a co-accused on bail.
Jyoti Devi
State of U.P.
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
