Held that the applicant is entitled to bail. The court did not comment on the merits but noted the A.G.A.'s inability to dispute the submissions regarding procedural non-compliance and false implication.
Allowance of bail on a personal bond and two sureties subject to conditions regarding conduct and appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56411 of 2022
Applicant :- Ravi @ Vicky Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned Counsel for the applicant and learned A.G.A. for the State.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 128 of 2022, under Sections 8/20 of the Narcotics Drugs and Psychotropic Substances Act, Police Station Kachhwan, District Mirzapur during the pendency of the trial.
It is contended that the applicant has been falsely implicated in the instant case. False recovery of 32 kg. Ganja has been shown from the applicant. There is no independent witness to the recovery. The mandatory provisions of the N.D.P.S. Act have not been complied with. There is no FSL report to establish that the substance recovered is Ganja. While weighing the recovered substance, the police has weighed it along with packets, in which they were 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. It is further contended that the procedure of sampling adopted is in violation of Standing Order/ Intimation No. 01 of 1989 dated 13.6.1989 issued by Government of India under Section 52-A of N.DP.S. Act. It is next contended that the co-accused Indra Bahadur Maurya has been granted bail by this Court on 4.1.2023 in Criminal Misc. Bail Application No. 43774 of 2022. The applicant is in jail since 9.9.2022. In case, he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the 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, Ravi @ Vicky Jaiswal involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction
of court concerned on the following conditions that:
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 :- 10.1.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, falsely implicated in a case under the NDPS Act, is entitled to bail considering procedural irregularities in recovery.
Whether bail should be granted where the co-accused has previously been granted bail.
2 provisions across 2 enactments
Ravi @ Vicky Jaiswal
Vivek Varma
Siddharth Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
