Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45844 of 2021 Applicant :- Ashish Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Rakesh Kumar Yadav, learned counsel for the applicant, and Sri K.K. Rajbhar, the learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant- Ashish Yadav for seeking bail in Case Crime No.22 of 2021, under Sections 3/20 of Narcotic Drugs and Psychotropic Substance Act, registered at Police Station- Sikanderpur, District-Ballia.
The bail application of the applicant so preferred by the applicant in the above noted case being Bail Application No. 1828 of 2021 has been rejected by the court of Special Judge, N.D.P.S. Act/ Addl. Sessions Judge, Court No.7, Ballia by virtue of order dated 7.10.2021.
Learned counsel for the applicant has argued that a first information report has been lodged against the applicant and one Sri Shashi Rajbhar son of Vindhyachal Rajbhar before the Police Station- Sikandarpur, district Ballia being FIR No. 0022 dated 26.1.2021 under Section 8/20 of the NDPS Act, alleging possession of 3 Kg 100 gms of Ganja from the joint possession of the applicant and other co-accused. Learned counsel for the applicant has argued that the co-accused being Shashi Rajbhar son of Vindhyachal Rajbhar had been enlarged on bail by virtue of order dated 10.2.2021 in Bail Application No. 332 of 2021, Shashi Rajbhar Vs. State, which is annexed as Annexure-2 at page-24 of the paper-book. Learned counsel for the applicant has further argued that he had been falsely implicated in Case Crime no.76 of 2020, under Sections 419, 380, 411, 457 of IPC and the applicant has been granted bail by the court below, as the relevant submission in this regard has been made in the affidavit accompanying the present bail application in paragraph-21, which is reproduced hereinunder: -
"21. That apart from these two, both cases applicant was falsely implicated in Case Crime no. 76 of 2019, under Sections 419, 380, 411, 457, 511 IPC and in this case applicant has released on bail by the court below."
Learned counsel for the applicant has argued that the entire story cooked up by the prosecution is nothing but a bundle of lies, as there is no independent witness present when the alleged possession of ganja was sought to be shown against the applicant and further there was no recovery made from him. Learned counsel for the applicant has further argued that applicant is in jail since 27.1.2021, if he is released on bail, he will not misuse the liberty of bail.
Countering the above submission learned AGA has opposed the bail, but he has not disputed the fact that co-accused had been granted bail and further the fact given with regard to the case history in paragraph-21 is reproduced hereinabove.
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- Ashish Yadav 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 applicant 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 N.S.Rathour