Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19919 of 2021 Applicant :- Mahesh Badal Opposite Party :- State of U.P.
Counsel for Applicant :- Saksham Srivastava,Akhilesh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Akhilesh Srivastava, learned counsel for the applicant, 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. 23 of 2021, under Sections- 8/20 NDPS Act, Police Station- Naseerpur, District- Firozabad, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated. It is next submitted that 458 Kg contraband article, i.e., Ganja, has been recovered from the Truck being Truck No. OD19 F- 2429. It is next contended that neither the applicant is owner nor the driver of the alleged truck. It is next submitted that 62 kg of contraband article i.e., Ganja has been recovered from Swift Car, which is shown from the joint possession of the applicant and four other co-accused persons. The alleged recovery is false and fabricated, for which there is no independent eye witness. It is next submitted that there is no compliance of mandatory provisions of Sections 42, 50 and 57 of the N.D.P.S. Act. It is further submitted by the learned counsel for the applicant co- accused Kanaiya Lal and Ashwini Kumar, having identical role to the applicant had already been enlarged on bail by the co- ordinate Bench of this Court vide orders dated 7.9.2021 and 13.9.2021 passed in Criminal Misc. Bail Application No. 26262 of 2021 and 20778 of 2021 respectively. The case of the applicant stands on same footing. Hence, the applicant is entitled for bail on the ground of parity. The applicant is in jail since 15.2.2021 having criminal history of one case which has been explained in paragraph No. 26 to the affidavit filed in support of the bail application and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
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. The application is allowed.
Let the applicant, Mahesh Badal 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 :- 24.9.2021/Akbar