Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12461 of 2018 Applicant :- Krishna Singh Opposite Party :- Union Of India Counsel for Applicant :- Pradeep Kumar Singh,Shri Gopal Swaroop Chaturvedi Senior Advocate Counsel for Opposite Party :- Sanjay Kumar Singh
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pradeep Kumar Singh, learned counsel for the applicant, Sri Sanjay Kumar Singh, learned counsel for the Opposite Party and Sri Prashant Kumar, learned A.G.A. for the State are present.
This Bail Application has been filed with a prayer to release the applicant on bail in Case Crime No. Nil of 2018 under Section 8 of 20 N.D.P.S. Act, P.S. D.R.I., District Varanasi.
Learned counsel for the applicant has contended that accused applicant has been falsely implicated; he is a police constable who had taken lift in the alleged truck because he was going for the treatment of his wife and for the same purpose he had relied upon the statements of co-accused, Ranjeet Kumar Singh who was cleaner of the truck who had stated that the accused applicant had taken lift from the truck driver, therefore, he had no knowledge that any contraband substance/ Ganja was being carried in the said truck; further he has argued that he is neither a truck owner nor a truck driver; he has no previous criminal history; he is in jail since 31.12.2017.
In rebuttal, learned counsel for the Opposite Party has argued that accused was fully conscious about the possession of contraband and his confessional statement has been recorded under Section 67 of the N.D.P.S. Act; investigation was made with regard to the averments that applicant was travelling due to treatment of his wife and the same was found to be false. It was found that doctor who was alleged to be giving treatment to his wife, his address was also found to be false which has been mentioned in para 6 of the counter-affidavit. Further, it is alleged that such huge recovery of 1126.50 Kg. Ganja worth Rs. 56,32,500/- could not be falsely planted and moreover under his supervision, entire trafficking of Ganja was being done, therefore, bail should be rejected.
Looking to the fact that huge recovery has been alleged to have been made which is not possible to be planted falsely, in view of the above arguments, this Court does not find this case fit for grant of bail, accordingly the bail is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same on day to day basis strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a certified copy of this order.
Order Date :- 24.8.2018 A. Mandhani