Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47824 of 2021 Applicant :- Kulsum Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Nd Another Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Mohd Faiz learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.0281 of 2021 at Police Station- Fatehganj West, District-Bareilly under Section 8/21/27(a)/29/61 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
The bail application of the applicant was rejected by learned Special Judge (NDPS Act)/ Additional District and Sessions Judge, Bareilly, on 01.10.2021.
The applicant is in jail since 01.09.2021, pursuant to the said F.I.R.
Shri Mohd. Faiz, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is a lady. 255 gm smack and Rs. 1,15,000/- were planted on the person of the applicant to frame her in the instant case to show proficiency of police investigators. The commercial quantity of the said substance is 250gm. The weight of the recovered substance as stated in the F.I.R. is unreliable as accurate scientific instruments were not used for weighment. The recovery was made in violation of Section 42 read with Section 50 of the NDPS Act. No forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is prohibited under the NDPS Act. There is no independent witness or public witness to the alleged recovery. The applicant does not have criminal history apart from this case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned A.G.A does not dispute the fact that the applicant does not have criminal history apart from this case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India).
These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Kulsum involved in Case Crime No.281 of 2021 at Police Station-Fatehganj Paschimi, District-Bareilly under Section 8/21/27(A)/29/61 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.12.2021 Nadeem Digitally signed by AJAY BHANOT Date: 2021.12.25 14:21:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad