High Court granted bail to Sudheer Kumar in an NDPS case where the Additional Sessions Judge had previously rejected the plea. The applicant alleged planting of drugs and violation of statutory safeguards, and the court found merit in these submissions.
Applicant released on bail by furnishing personal bond and two sureties.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8099 of 2022
Applicant :- Sudheer Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kiran Chaudhary,Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 36 of 2022 at Police Station Lanka District Varanasi under Sections 8/22 NDPS Act. The applicant is in jail since 26.01.2022.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (NDPS Act), Varanasi on 03.02.2022.
Shri Jai Prakash Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. 119 gm. Alprazolam was planted on the person of the applicant to frame him in the instant criminal case to show proficiency of police investigators. The weight of the recovered substance as stated in the F.I.R. is unreliable as accurate scientific instruments were not used for weighment. The weight of the recovered substance is infact much less than 100 gm. which is the notified commercial quantity under the NDPS Act. No forensic science laboratory report has
been submitted which confirms that the substance allegedly recovered is prohibited under the NDPS Act. There is no independent witness to the alleged recovery. The mandatory provisions of Section 42 and Section 50 of the NDPS Act have been violated. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.
Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Sudheer Kumar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 16.5.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.05.17 16:55:03 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail considering allegations of false implication and procedural violations under Sections 42 and 50 of the NDPS Act.
1 provisions across 1 enactments
Sudheer Kumar
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
