Gaurav v. State of U.P.

Court No. - 58

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39430 of 2022

Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kesh Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

By means of the present application, the applicant- Gaurav seeks bail in Case Crime No.468 of 2022, under Sections 8/20/29/60(3) of Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Nandgram, District Ghaziabad, during the pendency of trial.

The allegation in the first information report against the applicant is that 243 Kg Ganja was recovered from the joint possession of the applicant and other co-accused persons in a truck bearing Registration No. UP 13 BT 1233.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not the owner of the truck and he was sitting beside the driver. There is no compliance of mandatory provisions of law with regard to search and seizure. There is no independent witness to support the prosecution version.It is further submitted that co-accused persons Vivek Kumar and Mohammad Farid have already been enlarged on bail by coordinate Benches of this Court vide orders dated 22.8.2022 and 19.10.2022 passed in Criminal Misc. Bail Application Nos. 31629 of 2022 and 38942 of 2022, respectively. Criminal history of three cases of the accusedappellant has been duly explained in para 25 of the affidavit and in all the cases the applicant has been released on bail by the court below. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 18.05.2022 and he deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.