Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43535 of 2021 Applicant :- Chandrakant Gupta @ Pankaj Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Hitesh Pachori,Lihazur Rahman Khan,Sonakshi Arora Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed on behalf of the applicant is taken in the record.
Heard Shri Aarav Khan, learned counsel assisted by Ms.Sonakshi Arora, learned counsel for the applicant and Sri Indra Prakash Srivastava, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.0038 of 2021 at Police Station-New Agra, District-Agra under Section 8/22 of the N.D.P.S. Act.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (N.D.P.S. Act), Court No.7, Agra on 14.06.2021.
The applicant is in jail since 15.02.2021, pursuant to the said F.I.R.
Shri Aarav Khan, learned counsel assisted by Ms.Sonakshi Arora, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per prosecution case, 43 packets Alprazolam tablets [25,800 tablets] weight about 3171.68 grams were recovered from the applicant. The applicant works in the pharmacy of his brother-Suryakant Gupta. The brother of the applicant is a licensed pharmacist with legal authority to sale the Alprazolam tablets. The applicant was carrying the aforesaid Alprazolam tablets to his brother's godown. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant has become a soft target for the police authorities who repeatedly nominated him in various cases in close proximity to the instant case only to burnish their professional credentials.
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. However, he does not contest the criminal history of the applicant as disclosed in the supplementary affidavit.
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-Chandrakant Gupta @ Pankaj Gupta involved in Case Crime No.0038 of 2021 at Police Station-New Agra, District-Agra under Section 8/22 of the N.D.P.S. Act, 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 :- 24.12.2021 Ashish Tripathi