Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5434 of 2020 Applicant :- Grish Chandra Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Prasad Kanaujiya,Agni Pal Singh,Ganesh Shankar Patel Counsel for Opposite Party :- G.A
Hon'ble Raj Beer Singh,J.
Counter affidavit on behalf of the State, filed in Court today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present second bail application has been filed by the applicant in case crime No. 84/2019, under Sections 8/20 of N.D.P.S. Act, police station Shivrajpur, District Kanpur Nagar with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court, vide order dated 31.07.2019.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that recovery of 1 kg. charas is said to have been made from possession of the applicant. It was further submitted that alleged recovery is false and baseless and that there is no independent witness of the alleged recovery. It was also submitted that the mandatory provisions of N.D.P.S. Act including Section 50 of the N.D.P.S., Act have not been complied with and that the applicant has not committed any crime as alleged. Learned counsel has submitted that after rejection of first bail application of applicant, the report of the samples of the recovered material has been received. It has been pointed out that as per prosecution version, two samples of 50 gram each were taken from the two packets of charas recovered from applicant and that as against the total weight of two samples of 100 gram, the quantity of charas has been found 97.5 gram and thus, as per FSL report, the quantity of charas is 97.5 percent of the total recovered material and in this way the recovered material falls below the commercial quantity. It was also submitted that after rejection of first bail application, a period of about two years and three months has been passed but not a single witness has been examined so far, whereas applicant is in judicial custody since 19.04.2019, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. However aforesaid factual position has not been disputed by him.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the present second bail application is hereby allowed.
Let the applicant Grish Chandra involved in the aforesaid crime be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 26.10.2021 Anand