Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17713 of 2019 Applicant :- Mohammad Nijam Opposite Party :- Union Of India Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- Ashish Pandey
Hon'ble Krishna Pratap Singh,J.
Heard Sri Bharat Singh, learned counsel for the applicant, Sri Ashish Pandey, learned counsel for the Union of India and perused the record.
Applicant-Mohd. Nijam, seeks bail in Case Crime No.N.C.B. Case No.18 of 2018 under Sections 8/15.27-A, 29 N.D.P.S. Act, Police Station N.C.B. Lucknow/Wazeerganj, District Badaun.
It is submitted by the learned counsel for the applicant that applicant is innocent and has falsely been implicated in this case with a view to cause unnecessary harassment and victimize him. It is further submitted that nothing has been recovered from possession of the applicant but the alleged recovery of doda post has been made from the godown of Shahid Ali. It is further submitted that such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. The applicant who is in jail since 07.08.2018 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
In rebuttal, learned counsel for the Union of India opposed the prayer for bail and submitted 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. It is further submitted that there are four accused persons including applicant have been arrested near the office of electric corporation Bisaluli. It is next submitted that in his statement, applicant confessed that he is friend of co-accused Sangam Lal and he has been supplying doda post for six months due to financial crises. It was also submitted that officers of the N.C.B. and witnesses has no previous enmity with the applicant. It was not possible to accept the contention of the learned counsel for applicant that such a huge quantity of 3637 kg doda post has been arranged by the N.C.B. officers in order to falsely implicate the applicant. It was further submitted that if the charges are of grave nature and prima facie sufficient evidence is available in abundance, this can be a good reason not to release the applicant on bail. Lastly, it was submitted by the learned counsel for N.C.B. the period of detention of applicant is also no so prolonged which by itself may be made the basis of release the applicant on bail on the ground of long detention. Applicant has not given any cogent reason as to why would the officers of the N.C.B. and witnesses would foist false case against the applicant.
In the view of aforesaid, the bail application of the applicant is rejected.
Order Date :- 26.4.2019 Pr/-