Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16074 of 2021 Applicant :- Kalloo @ Sahab Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Kalloo @ Sahab Ali, in connection with Case Crime No. 29 of 2021, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"), Police Station - Sultanpur Ghos, District - Fatehpur.
Heard learned Counsel for the applicant and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that he has been falsely implicated in the present crime. The recovery of 105 grams of Alprazolam powder has been planted on him. He was arrested from his house, about which, information by registered post was sent on 25.02.2021 by his wife to the Superintendent of Police. It is pointed out that the narcotic recovered is marginally in excess of the commercial quantity, which is 100 grams. It is particularly argued that there is no report from the Forensic Science Laboratory to show that the substance recovered from the applicant is indeed Alprazolam powder and in what quantity. It is further argued that the applicant has been shown to be arrested from a busy public place on 25.02.2021, but there is no public witness of the recovery associated. It is also submitted that the applicant has not been given an option for search before a Gazetted Officer and recitation of that in the recovery memo is a mere incantation of the requirements of law and in breach of Section 50 of the NDPS Act. It is next submitted that the applicant has a criminal history of three cases, which have been explained in paragraph no. 11 of the affidavit, but none of those relate to the NDPS Act. Therefore, he is a first timer, so far as the present offence goes. The applicant has no criminal history and is in jail since 25.02.2021, in these hard CoViD-19 times.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there is no public witness of the recovery, which is shown from a busy public place, the fact that there is prior information given by the applicant's wife to the Police by registered post, claiming that he has been arrested from home and may be falsely implicated, the fact that the quantity of narcotic recovered from the possession of the applicant is marginally above the commercial quantity, about which there is no precise evidence of measurement, the fact that there is no report from the Forensic Science Laboratory as yet, confirming the the fact that the substance recovered is indeed Alprazolam powder and in what measurement/weight, the fact that the applicant has no criminal history and is in jail since 25.02.2021, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Kalloo @ Sahab Ali involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) 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 such person from disclosing facts to the Court or to any Police Officer or tamper with the evidence.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, which shall be self attested by the counsel of the party concerned.
(vii) The Court/Authority/Official concerned 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.
In case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
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 of opinion on the merits of the case. It is further clarified that 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 :- 12.5.2021 I. Batabyal