Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 202 of 2021 Applicant :- Angad Rajbhar Opposite Party :- State of U.P.
Counsel for Applicant :- Bal Mukund Singh,Surya Dev Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that there is clear non-compliance of the provisions of Section 50 of the NDPS Act. He further argues that there is no criminal history and the applicant has been falsely implicated in the case in question. The applicant is in custody since 27.10.2020.
Learned A.G.A. on the other hand denies that there is no requirement of compliance of Section 50 of the NDPS Act inasmuch as the recovery has not been made from the possession of the applicant. He further argues that the quantity seized from the applicant is more than the commercial quantity and prays that the applicant is not entitled to be enlarged on bail.
There is no evidence to demonstrate that if applicant is enlarged on bail would any way affect the trail adversely and further there is no denial of fact that there is no criminal history of the applicant.
Considering the arguments raised at the bar as well as the judgment of Hon'ble Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on the merits of the case, the applicant is entitled to be enlarged on bail.
Let the applicant- Angad Rajbhar, involved in Case Crime No.
142 of 2020 (State of U.P. Vs. Angad Rajbhar and Another), under Section 8, 20 N.D.P.S. Act, P.S. Balua, District Chandauli, be released on bail, on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 6.1.2021 S. Rahman