Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50149 of 2021 Applicant :- Ankit Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar,Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard ShriRajiv Kumar Saxena, learned counsel assisted by Shri Rajesh Kumar, learned counsel for the applicant and Shri Rishi Chaddha, learned AGA for the State.
A first information report was lodged as Case Crime No.0205 of 2021 at Police Station- Nasirpur District-Firozabad under Section 8/20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
The bail application of the applicant was rejected by learned Special Judge (NDPS Act)/ Additional Sessions Judge,Firozabad on 01.11.2021.
The applicant is in jail since 30.09.2021, pursuant to the said F.I.R.
Shri Rajiv Kumar Saxena, learned counsel assisted by Shri Rajesh Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the prosecution case 48Kg 380gm ganja was recovered from a car. The applicant was a passenger in the aforesaid car. He has no concern with the goods being carried in the car. There were other persons in the car with whom the applicant has no relationship. Even if the recovered substance is distributed amongst six persons who were travelling in the car, the recovery from the applicant would be about 6kg and below the notified commercial quantity which is 20kg. The applicant does not have criminal history apart from this case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned A.G.A does not dispute the fact that the applicant does not have criminal history apart from this case.
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.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Ankit involved in Case Crime No.205 of 2021 at Police Station-Nasirpur District-Firozabad under Section 8/20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 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 following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
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 :- 23.12.2021 Nadeem