Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41179 of 2021 Applicant :- Achche Lal Bind Opposite Party :- State of U.P. Counsel for Applicant :- Sadhu Sharan Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Sadhu Sharan learned counsel for the applicant and learned AGA, who appears for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Achche Lal Bind for seeking bail in Case Crime No.342 of 2021 under Sections 8/21/22 Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station-Kotwali, District-Ghazipur.
The bail application of the applicant has been rejected by the court below, on 16.8.2021 passed by learned Special Judge N.D.P.S. Act/Additional Session Judge/F.T.C. II, Ghazipur.
Learned counsel for the applicant has argued that first information report has been lodged by the Sub-Inspector Sri S.K. Tiwari against the applicant as well as Sri Abdul Sadiq s/o Sri Abdul Aval alleging that during the course of patrolling it was found that the applicant along with other co-accused were possessing 50 g.m. heroin.
Learned counsel for the applicant has next argued that there is no independent witness and further the quantity so alleged to have been shown to be possessed by the applicant is 50 g.m. which is below 250 being commercial as per the notification specifying small quantify and commercial quantity under table purported to be under Sub-Clause vii (a) xxiii (a) of Section 2 of the N.D.P.S. Act.
Learned counsel for the applicant has also drawn the attention towards para 12 of the application so as to contend that there is no criminal history.
Countering the submissions learned AGA has opposed the bail application. However, he could not dispute the fact that the quantity of the heroin is below the commercial quantity.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Achche Lal Bind involved in aforesaid crime 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 with the following conditions that :-
i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 21.12.2021 piyush