Bail allowed to Abdul Kalam in a Narcotics case for inability to produce contraband and procedural lapses. Granted on personal bond with sureties and undertakings not to tamper with evidence.
Released on bail on a personal bond and two sureties each with conditions to not tamper with evidence or commit new crimes.
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Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42224 of 2022
Applicant :- Abdul Kalam Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 168 of 2022, under Sections 8/22/27A/29 of N.D.P.S. Act, Police Station-G.R.P. Cantt., District - Varanasi.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the alleged recovery of 120 bottle of phensedye cough linctus. It is further submitted that there was no independent witness to support the alleged recovery as is claimed by the prosecution. There is no compliance of Section 50 of NDPS Act with regard to search and seizure. It is further submitted that there is no F.S.L. report which may confirm that the substance recovered from the possession of the applicant is prohibited contraband. Learned counsel for the applicant has placed reliance upon the judgement of this Court in Vibhor Rana Vs. Union of India reported in 2021 Supreme (All) 1129 . It is next submitted that co-accused persons namely, Abdul Raju and Rahamtulla have already been released on bail by coordinate Benches of this Court vide orders dated 29.9.2022 and 12.10.2022 passed in Criminal Misc. Bail Application Nos.41599 of 2022 and 45035 of 2022. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 17.07.2022 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.
Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Abdul Kalam involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.10.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.10.21 15:34:38 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 under the N.D.P.S. Act given allegations of procedural lapses and parity with co-accused.
Whether the compliance of Section 50 of the NDPS Act and availability of F.S.L. reports were necessary to deny bail at the initial stage.
Colour shows how this judgement treated each authority
Vibhor Rana Vs. Union of IndiaReferred¶8
2021 Supreme (All) 1129
Abdul Kalam
State of U.P.
Shiv Shanker Prasad
Abhishek Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Shiv Shanker Prasad and Abhishek Singh
Parties & counsel
