Bail application in a case involving recovery of ganja under the NDPS Act. The court allowed the application relying on statutory compliance and parity with a co-accused already granted bail, without deciding on the merits of the recovery.
Release of the applicant on bail on furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14639 of 2022
Applicant :- Amit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pratap Kanchan Singh,Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Surya Pratap Singh Parmar, the learned counsel for the applicant, Sri Kamlesh Kumar Nishad, the learned State Counsel and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 43 of 2022 under Section 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Bhadohi, District Bhadohi during pendency of the trial in the Court below.
3.The aforesaid case has been registered on the basis of a first information report dated 24.02.2022 lodged against three named accused persons, including the applicant, alleging that a person riding a scooty was intercepted and apprehended and 4.791 kg. Ganja was recovered from the scooty. The FIR further alleges that upon an information given by the Mukhbir (informer), a car was also intercepted in which the applicant and another co-accused Ashish Singh were present and 20 packets containing a total of 47 kg. Ganja were recovered from the car.
4.In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case. It has further been stated that although the recovery is alleged to have been made at a public place on a road but there is no independent witness of the recovery.
5.The affidavit contains that the applicant has no criminal history.
6.The learned counsel for the applicant has submitted that the mandatory provisions of Sections 48, 50 and 60 have not been complied with in the present case. He has further submitted that one of the other named co-accused persons namely, Shubham Singh has already been granted bail by means of an order dated 08.04.2022 passed by this Court in Criminal Misc. Bail
Application No. 14576 of 2022.
7.The learned counsel for the applicant has further stated that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail. Therefore, the applicant is entitled to be released on bail on the ground of parity
8.The applicant is languishing in jail since 24.02.2022.
9.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail.
10.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 crime number.
11.In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
12.Let the applicant Amit Singh be released on bail in Case Crime No. 43 of 2022 under Section 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Bhadohi, District Bhadohi 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.
13.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 :- 27.7.2022/Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.07.30 18:03:35 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving recovery of ganja under the NDPS Act.
Whether bail has been granted in similar cases against co-accused warranting parity for the applicant.
2 provisions across 2 enactments
Amit Singh
State of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
