Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16740 of 2021 Applicant :- Danish Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Nath Bhatt Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Danish, in connection with Case Crime No. 50 of 2021, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"), Police Station - Rahara, District - Amroha.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through Video Conferencing.
The submission of the learned Counsel for the applicant is that the applicant has been falsely implicated in the present crime. A bogus and false recovery of 4 kg. and 500 grams of Doda Powder has been shown, which is far below the commercial quantity. It is submitted that the applicant has not been searched before any Gazetted Officer, though he has not forgone that right and arrested in breach of Sections 42 and 50 of the NDPS Act. It is particularly argued that though the applicant has criminal history of five cases, which he has explained in paragraph no. 12, but none of those case related to the NDPS Act.
Learned A.G.A. has opposed the prayer for bail, but does not dispute the fact that the applicant has no criminal history under the NDPS Act.
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 the recovery shown from the applicant is far below commercial quantity, the fact that the applicant has been arrested prima facie in breach of Sections 42 and 50 of the NDPS Act, the fact that there is no criminal history relating to the NDPS Act against the applicant, the fact the other criminal history has been explained by the applicant, who is in jail since 02.03.2021, 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 - Danish 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 a 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 the 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 conditions enumerated above, the complainant 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 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 :- 11.5.2021 I. Batabyal