Single Judge allowed bail application of accused charged under NDPS Act, finding it a fit case for bail by quoting Data Ram, without expressing opinion on merits.
Released on bail by executing personal bond and furnishing two sureties subject to specified conditions.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9424 of 2022
Applicant :- Ved Prakash Jatav @ Om Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Mishra,Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Ved Prakash Jatav alias Om Prakash in connection with Case Crime No.0436 of 2021, under Sections 8/20/25/29/60(3) N.D.P.S. Act, Police Station Karhal, district Mainpuri.
As per prosecution case, on the tip of police informer, the police team after intercepting arrested the applicant and from the possession of the present accused 5.86 qtl. of Ganja was recovered from truck bearing registration No.UP-81/BT/4702.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case just because the applicant was owner of the vehicle. He submitted that nothing incriminating article was recovered from the possession of the applicant or on his pointing out-. He submitted that applicant is languishing in jail since 29.12.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ved Prakash Jatav alias Om Prakash involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence
of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 6.7.2022 R./
Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.07.07 12:32:04 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether this is a fit case for granting bail in an NDPS offence where the applicant was an owner of the vehicle from which ganja was recovered.
Whether the applicant is entitled to release on bail subject to conditions.
Whether the quasi-magisterial court should express an opinion on merits while passing the bail order.
Colour shows how this judgement treated each authority
Ved Prakash Jatav @ Om Prakash
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
