Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1582 of 2021 Applicant :- Durjan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Dubey,Ramdhan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Ramdhan, 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 is innocent and has been falsely implicated in the present case. He has no concern with the present matter. He has not committed the present offence. It is further submitted that quantity of the recovered contraband i.e. diazepam is 510 grams whereas commercial quantity of the said contraband is 500 grams. It is not clear as to whether the said contraband was weighed after deducting the weight of the wrapper/packet in which the said contraband was kept or not. It might be possible that if weight of the wrapper/packet was deducted from the total weight, the recovered quantity might come to less than the commercial quantity. It is further contended that recovery is false and planted and there is no independent witness of the alleged recovery. The mandatory provisions of N.D.P.S Act have not been complied with in the present case.It is next contended that although number of cases is shown against the applicant but few of them are old one. The applicant did not find those cases. He has explained criminal history whatsoever record was found. He is on bail in all those cases shown in the criminal history. It is further contended that the applicant is languishing in jail since 21.11.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses 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 Durjan Singh involved in Case Crime No.346 of 2020, under Section 21/22 N.D.P.S. Act, P.S. Sasni, District Hathras 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 :
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. 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.
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 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.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official 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.
Order Date :- 25.10.2021 Asha