High Court Court No. 68 granted bail to the applicant, arrested under the NDPS Act, dismissing the prosecution's counter. The court noted no independent witness for recovery and potential violation of mandatory NDPS sections.
Released on bail on furnishing a personal bond and two sureties each.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14724 of 2022
Applicant :- Arun Pratap Singh @ Sachin Gurjar Opposite Party :- State Of U.P. And Anothes Counsel for Applicant :- Bhriguram Ji,Sandip Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.80 of 2022 at Police Station Kotwali Orai District Jalaun under Sections 8/20 N.D.P.S Act. The applicant is in jail since 08.02.2022.
The bail application of the applicant was rejected by learned Additional Sessions Judge, FTC, Offence against women, Jalaun at Orai on 08.03.2022.
Shri Shiv Shanker Maurya, learned counsel holding brief of Shri Bhriguram Ji, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. 40 kg. of Ganja was recovered from a vehicle in which the applicant and others were travelling. Learned counsel for the applicant further submits that the applicant was only a driver of the offending vehicle. For the sake of argument it is submitted that even if the prosecution case is taken on its face value, 40 kg of Ganja was recovered from the joint possession of four persons. The weight of the substance recovered from each accused (including the applicant) is less than 20kg which is the notified commercial quantity under the
NDPS Act. The recovered substance was planted on the person of the applicant to frame him in the instant case to show proficiency of police investigators. There is no independent witness to the alleged recovery. There was violation of the mandatory provisions of Section 42 read with Section 50 of the NDPS Act. No forensic science laboratory report has been submitted which confirms that the substance recovered is prohibited under the NDPS Act. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.
Shri I.P. Srivastava, learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Arun Pratap Singh @ Sachin Gurjar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of
justice:-
(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 bail cancellation application before this Court.
Order Date :- 13.4.2022 Nadeem
Digitally signed by NADEEM AHMAD Date: 2022.04.18 18:40:17 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant be enlarged on bail in a criminal case under Sections 8/20 N.D.P.S. Act.
Whether the mandatory provisions of Section 42 read with Section 50 of the NDPS Act were violated during recovery.
Arun Pratap Singh @ Sachin Gurjar
State Of U.P.
Ajay Bhanot
Nadeem
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
