Govind Gihar Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

Govind Gihar Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Applicant Govind Gihar to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that he shall appear on dates fixed by the trial court, shall not tamper with prosecution evidence, and shall not pressurize prosecution witnesses; on breach of any condition, the prosecution may move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant, Govind Gihar, is entitled to be enlarged on bail under Section 439 Cr.P.C. in Case Crime No. 597 of 2022 (Sections 21 and 22, N.D.P.S. Act), Police Station Gursahaiganj, District Kannauj, during the pendency of trial.

Ratio / Principle

Having regard to the submissions made, but without commenting on the merits of the case, the Court was of the opinion that the applicant is entitled to be enlarged on bail.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Varma, J.; Order Date 20.1.2023) allowed a bail application under Section 439 Cr.P.C. by applicant Govind Gihar in Case Crime No. 597 of 2022, under Sections 21 and 22 of the N.D.P.S. Act, Police Station Gursahaiganj, District Kannauj, during the pendency of trial. Submissions for the applicant: false implication; alleged false recovery of 583 gm of Diazepam powder; no independent witness to the recovery; mandatory provisions of the N.D.P.S. Act not complied with; no F.S.L. report establishing the substance as Diazepam; recovered substance weighed along with packing material; quantity of alleged narcotics deliberately shown marginally higher to add gravity; no accurate scientific instruments used for weighment; criminal history explained in para 17 of the affidavit; applicant in jail since 23.10.2022. Learned AGA opposed the prayer but could not satisfactorily dispute the submissions from the record. Without commenting on merits, the Court held the applicant entitled to bail and directed release on a personal bond with two sureties each in the like amount, subject to conditions (appearance on dates fixed by the trial court, no tampering with prosecution evidence, no pressurizing prosecution witnesses), with liberty to the prosecution to seek cancellation before this Court on breach.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55678 of 2022

Applicant :- Govind Gihar Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.

The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 597 of 2022, under Sections 21 and 22 of N.D.P.S. Act, Police Station- Gursahaiganj, District- Kannauj, during the pendency of trial.

It is submitted that the applicant has been falsely implicated in the instant case. False recovery of 583 gm of Diazepam powder has been shown from the applicant. There is no independent witness to the recovery. The mandatory provisions of N.D.P.S. Act have not been complied with. There is no F.S.L. report to establish that the substance recovered is Diazepam. While weighing the recovered substance, the police has weighed it along with packing material, in which it was kept. The police has deliberately shown the quantity of the alleged narcotics substance marginally higher in order to add to the gravity of the offence. No accurate scientific instruments were used for weighment. The criminal history of the applicant has been explained in para 17 of the affidavit. The applicant is in jail since 23.10.2022. In case he is enlarged on bail, he will not misuse the said liberty.

Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Perused the material on record.

Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Govind Gihar involved in aforesaid case 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 20.1.2023 Sachin Mishra

Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad