Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20920 of 2021 Applicant :- Irfan Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing 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.344 of 2020, under Section 18/20 of Narcotics Drugs & Psychotropic Substances Act, Police Station-Knowledge Park, District-Gautam Buddh Nagar, during pendency of trial.
It is submitted by learned counsel for the applicant that as per the prosecution case, 2.600 kg. of charas has been recovered from the possession of the applicant. The recovery memo is not supported by any independent public witness, therefore, possibility of false implication of the applicant cannot be ruled out.
It is further submitted that the guidelines laid down by Hon'ble Supreme Court with regard to arrest of any person has not been complied with in true sense and spirit of law. The mandatory provisions of Section 50 of N.D.P.S. has also been violated in this case. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 11.10.2020. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant.
Technical compliance as required by NDPS Act has been fulfilled while arresting the accused or not are questions to be decided in trial, but without entering into the merits of the case, as per documents, at this stage, it is directed that the applicant will not commit any offence while on bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that it is a fit case to release the applicant on bail. Hence, the bail application is hereby allowed.
Let the applicant-Irfan be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it along with a self attested identity proof of the said person(s) (preferably AADHAR card) mentioning the mobile number(s) to which the said AADHAR card is linked.
The concerned court/authority/official 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.
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. 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 :- 30.7.2021 LN Tripathi