Heard Sri Mukesh Singh, learned counsel for the applicant, learned AGA, appearing for the State and perused the material brought on record.
This is the second bail application moved on behalf of the applicant. The first bail application moved on behalf of the applicant was rejected vide order dated 28.3.2018.
It is contended by the learned counsel for the applicant that 1.250 kilograms charas is alleged to have been recovered from the possession of the applicant, when in fact no such recovery has taken place. It is next contended that it is not known as to how the weighment of allegedly recovered substance was done and 250 grams in excess to the commercial quantity has been found. There is no independent witness of the alleged recovery. Learned counsel for the applicant further contended that mandatory provisions of N.D.P.S Act has not been complied with in the present case. It is next contended that the applicant does not have criminal history prior to lodging of the present case. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended that the applicant has no criminal history and the applicant is in jail since 26.12.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer.
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 applicant- Pappu, be released on bail in Special Trial No.13 of 2017, Case Crime No.3084 of 2016, under Sections- 8/20 of N.D.P.S. Act, Police Station- Kotwali Nanpara, District- Bahraich, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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 view of the above, the bail application is allowed.
Order Date :- 11.1.2021 Dev Prakash.