Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32189 of 2018 Applicant :- Chander Kumar Opposite Party :- Union Of India Counsel for Applicant :- Sheshadri Trivedi,Ashok Kumar Tripathi (Now Ashok Tripathi),Shri Satish Trivedi, Senior Advocate,Vikas Tripathi Counsel for Opposite Party :- Krishna Agarawal,Ashish Pandey,Gyan Prakash
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Krishna Agarawal, learned counsel for the Directorate of Revenue Intelligence and the learned AGA for the State.
The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No.5 of 2017, under Section 8/18/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (D.R.I), Police Station D.R.I., District Gorakhpur.
Learned counsel for the applicant has submitted that the applicant was a chance of traveling in the vehicle, where from 53 Kg of charas and 24Kg of opium had been recovered. He has further submitted that the applicant has been implicated in this case because he was traveling in the vehicle. He had no other role. It has further been argued that the applicant is in jail since 17.06.2017 and only examination-in-chief of PW 1 has been recorded till date. Prosecution has not been able to conclude the trial despite lapse of more than two years and the applicant is still in jail and he has no criminal history to his credit. He has been falsely implicated in this case.
Per contra, Sri Krishna Agarawal, learned counsel appearing on behalf of Directorate of Revenue Intelligence, has submitted that there is clear evidence against the applicant of being involved in this case. Even in his statement under Section 67 of the N.D.P.S Act, he has admitted his guilt and has stated that it is his first and last offence. He will not get involved in such a case in future. He has placed the orders passed in the bail application of the co-accuseds, Rajesh Kumar Pandey and Ram Ujagir Yadav, whereby their bail applications have been rejected by this Court. He has further submitted that the trial has now started and there is no occasion for granting of bail to the applicant.
After considering the rival submissions of the parties, this court feels that since trial has started one opportunity be granted to the trial court to conclude the trial.
Trial Court is directed to make all endeavour to conclude and decide the trial within a period of six months from the date of production of certified copy of this order.
This bail application is rejected.
Order Date :- 27.9.2019 SS