Single judge allowed bail to applicant accused of drug trafficking under NDPS Act 1985. Court noted other co-accused released on bail and found no grounds to believe applicant would tamper with evidence or commit further offences if released.
Bail allowed on personal bond and two sureties to Marks Savar.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21318 of 2022
Applicant :- Marks Savar Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Kamal Singh, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 80 of 2022, under Sections 8/20, Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kotwali Orai, District Jalaun 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 08.02.2022 lodged by the Inspector Incharge of the Police Station against seven accused persons alleging that a truck, a Scorpio and an Eon car were intercepted in 21 gunny bags containing 40.990 Kg. of Ganja was said to be recovered from the Scorpio and 48.420 kg. Ganja was said to have been recovered from the Eon car. The applicant is said to be travelling in the Eon car.
4.In the affidavit filed in support of the bail application, it has been stated that the applicant was working as a labour in Jhansi and when he was coming from Orissa to Jhansi, while waiting for a vehicle, the person travelling in the Eon car offered him lift and thus the applicant was travelling in the car. It has been stated that the applicant is neither the owner of the vehicle nor incriminating material was recovered from him. It has also been stated in the affidavit that the applicant has no criminal history.
5.The learned counsel for the applicant has submitted that there is no independent witness of the alleged recovery and the mandatory provisions of Narcotic Drugs and Psychotropic Substances Act has not been followed during the search and seizure.
bail by this Court by means of the orders dated 13.04.2022 and 29.04.2022 passed in Criminal Misc. Bail Applications No. 14724 of 2022 and 17082 of 2022 respectively.
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 persons, who have 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 08.02.2022.
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 persons, who have already been released on bail.
10.Having considered the aforesaid submissions, I am prima facie of the view that the submissions made on behalf of the applicant give rise to a reasonable ground for believing that the applicant may not be held guilty of alleged offence. Further, there is no reason to believe that he is likely to commit any offence, if he is released on bail.
11.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.
12.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
13.Let the applicant - Marks Savar be released on bail in Case Crime No. 80 of 2022, under Sections 8/20, Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kotwali Orai, District Jalaun 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.
14.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 :- 6.8.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.08.06 19:05:26 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case concerning drugs seized during interception of vehicles.
1 provisions across 1 enactments
Marks Savar
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
