Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30493 of 2021 Applicant :- Hanshu Opposite Party :- State Of U.P Counsel for Applicant :- Rajeev Kumar Saxena
Hon'ble Rajiv Joshi,J.
Order on Exemption Application Application is allowed.
The applicant is exempted from filing certified copy of the FIR.
Order on Bail Application Heard Sri Rajeev Kumar Saxena, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 343 of 2020 under Sections 20/21 N.D.P.S. Police Station- Achhalda, District- Auraiya, during pendency of trial.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The recovery of 130 gram Charas has been falsely planted on the applicant. There is no independent witness of the alleged recovery. The compliance of provisions of Section 50 N.D.P.S. Act has not been made. It is also contended that there is no criminal history against the applicant regarding N.D.P.S. Act. There is criminal history of 13 other cases against the applicant, which has been explained in paragraph no. 11 to the affidavit filed in support of the bail application.The applicant undertakes that he will not misuse the liberty of bail. The applicant is in jail since 14.12.2020.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported
in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Hanshu, who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two 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 attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 13.8.2021 Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.08.13 17:06:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad