Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42388 of 2017 Applicant :- Dhirendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Lal Chandra Mishra,Ashok Gupta,Usha Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard S/Shri Bhavya Sahai and Deepak Kumar Srivastava, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The recovery shown by the Police is false and planted and is not supported by any independent witness. Two bags, one weighing about 13 kilogarams and another weighing about 14 kilograms and 200 grams, are said to have been recovered in the matter but it is not clear as to whether sample was taken from both bags or not. If sample was not taken from both bag, recovery of the contraband may come to less than the commercial quantity. Nothing was mentioned in the F.I.R. or recovery memo in this regard. This fact itself creates doubt about recovery. Guidelines laid down by the Central Government in the Notification No. 1/88 has not been followed. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed in strict sense. He is languishing in jail and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dhirendra Singh involved in Case Crime No. 548 of 2017, under Section 8/20 N.D.P.S. Act, Police Station Kotwali Nagar Banda, District - Banda be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 or 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 :- 31.5.2018/safi