Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16057 of 2021 Applicant :- Brijesh Omre Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Singh Tomar,Subhash Gosain Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Brijesh Omre, in connection with Case Crime No. 29 of 2021, under Section 21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"), Police Station - Kotwali Orai, District - Jalaun.
Heard learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State through video conferencing.
The submission of learned Counsel for the applicant is that the applicant has been falsely implicated in the present crime. The substance shown to be recovered from him is Alprazolam powder, commercial quantity whereof is 100 gms. It is submitted that false recovery has been shown from him. It is particularly argued that the recovery was made from a very busy public place. There is no public witness of the recovery. It is also argued that the applicant had not been given an option to be searched before a Gazetted Officer, in compliance with Section 50 of the NDPS Act, which is patently illegal. It is submitted that the applicant has criminal history of a solitary case under Section 4/25 Arms Act, but no history under the NDPS Act and is a first timer of the offence. It is submitted that the applicant is in jail since 05.01.2021 as an undertrial during the present CoViD-19 proliferation.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there is no public witness of the recovery, the fact that prima facie there is breach of Section 50 of the NDPS Act, as the applicant has not been searched before a Gazetted Officer, the fact that the applicant has no criminal history relevant under the NDPS Act and is a first timer of the offence, the fact that the applicant is in jail since 05.01.2021, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Brijesh Omre involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) 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 such person from disclosing facts to the Court or to any Police Officer or tamper with the evidence.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, which shall be self attested by the counsel of the party concerned.
(vii) The Court/Authority/Official concerned shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 12.5.2021 I. Batabyal