Suraj v. State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7152 of 2021

Applicant :- Suraj Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Goyal,Ashutosh Pandey Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 614 of 2020, under Sections 8/22 on N.D.P.S. Act, Police Station- Sikandara, District- Agra, during pendency of trial.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is next contended that the substance alleged to have been recovered from the possession of the applicant is stated to be 'Alprazolam'. Upon measuring the same, the quantity of alprazolam is said to be 800 grams. The recovery of 800 gram of alprazolam has been falsely planted on the applicant. There is no independent witness of the alleged recovery. It is also argued that the statutory provisions of Sections 50, 51 and 52 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in the right manner. There is no previous criminal history of the applicant, after implication in the present case the applicant has been roped in one case. Applicant is languishing in jail since 1.112020. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandatory provision of Section 50 the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act.