Single judge allowed bail in an NDPS matter where the recovery was less than the commercial quantity, finding a prima facie case though noting an apprehension of tampering.
Application allowed; applicant released on bail on personal bond and two sureties subject to specific conditions.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18011 of 2021
Applicant :- Mohd. Najim @ Ganja Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Shrivastava,Rajnish Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Mohd. Najim @ Ganja, in Case Crime No. 470 of 2020, under Sections18/20 of N.D.P.S. Act, P.S. Rail Bazar, District- Kanpur Nagar.
Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 24.9.2020; he is of six criminal antecedents, which have been duly explained by him; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; the alleged recovery of 'charas' from applicant is of 510 grams, which is about half of the commercial quantity of same; it is a planted recovery, with no compliance of Section 50 of N.D.P.S. Act nor any independent public witness is there. Hence, bail has been prayed for.
Learned AGA has vehemently opposed with the contention of criminal antecedents of applicant.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that the alleged recovery is less than the commercial quantity.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Mohd. Najim @ Ganja, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject
to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at libergfxcty to proceed to cancel his bail.
Order Date :- 21.1.2022 Kamarjahan
1 issue framed by the court
Whether bail is maintainable in the present case given the antecedents and the quantum of the alleged recovery?
1 provisions across 1 enactments
Mohd. Najim @ Ganja
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
