Kundan Singh @ Anshuman Singh Vs State of U.P.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59808 of 2022

Applicant :- Kundan Singh @ Anshuman Singh Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Nimesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Manoj Kumar Tripathi, Advocate holding brief of Sri Nimesh Kumar Shukla, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned Brief Holder for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 407 of 2022, under Sections 8/20 N.D.P.S. Act, Police Station Kerakat, District Jaunpur during pendency of the trial.

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As per prosecution case, from the possession of applicant 5.24 Kg. Ganja was recovered.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and in fact no contraband was recovered from his possession. He further submitted that as per allegation total 5.24 Kg. Ganja was recovered, which is well below the specified commercial quantity of 20 Kg., therefore, rigor of Section 37 of N.D.P.S. Act is not applicable in the present case. He further submits that applicant is not having any criminal history of N.D.P.S. Act although applicant was implicated in as many as 13 cases but he has explained his criminal history in paragraph no. 2 to the supplementary affidavit filed in support of present application. He further submits that applicant in the present matter is in jail since 12.11.2022.

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Per contra, learned AGA opposed the prayer for bail and submitted that applicant is having very long criminal history of 13 cases but could not dispute the fact that he was not having any previous criminal history of N.D.P.S. Act and in all the 13 cases he is on bail.

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I have heard learned counsel for the parties and perused the

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record of the case.

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From the possession of applicant it is alleged that 5.24 Kg. Ganja was recovered, which is admittedly well below the specified commercial quantity of 20 Kg., therefore, rigor of Section 37 of N.D.P.S. Act is not applicable in the present matter.However, applicant is having criminal history of 13 cases but from the perusal of record it appears that applicant is not having any criminal history of N.D.P.S. Act and he has explained his criminal history in paragraph no.2 of the supplementary affidavit.

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Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Kundan Singh @ Anshuman Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 7.2.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Kundan Singh @ Anshuman Singh v. State of U.P.

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Kundan Singh @ Anshuman Singh v. State of U.P.

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