Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27465 of 2021 Applicant :- Mordhwaj @ Golu Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh
Hon'ble Rajiv Joshi,J.
Heard Sri Santosh Kumar Singh, learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.172 of 2021, under Sections 8/20 of NDPS Act at Police Station Kotwali Sasni, District Hathras during pendency of trial.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. From the joint possession of four accused persons including the applicant, 1 quintal and 58 kg Ganja, which were kept in 30 packets, has been recovered but the sample has been taken from one packet instead of each packets. It is further submitted that at the time of arrest, mandatory provisions of Section 50 of NDPS Act has not been complied with. It is also submitted that nothing has been recovered from the possession of the applicant and the aforesaid recovery shown from the joint possession is false and fabricated. There is no independent eye witness of the alleged recovery, which has been shown by the police. It is next submitted that co-accused Naresh, has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 31638 of 2021 vide order dated 7.9.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 4.6.2021 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 AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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.
Let the applicant, Mordhwaj @ Golu 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 :- 23.9.2021 Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.09.23 15:33:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad