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Pawan Kumar vs State Of U P

High Court Of Judicature at Allahabad|27 October, 2021
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JUDGMENT / ORDER

Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20311 of 2021 Applicant :- Pawan Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Neel Mani Sharma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is contended by the learned counsel for the applicant that 140 grams intoxicating substance Alprazolam is alleged to have been recovered from the possession of the applicant, when in fact, no such recovery has taken place. Applicant is innocent and has been falsely implicated in this case. There is no independent witness of the alleged recovery. It is further submitted that although quantity of the recovered contraband is 140 grams, but it is not clear whether the said contraband was weighed after deducting the weight of the wrapper / packet in which the said contraband was kept. It might be possible that if weight of the wrapper / packet is deducted from the total weight, the recovered quantity may come to less than the commercial quantity. Referring to the contents of the F.I.R., it is further submitted that mandatory provisions provided under the N.D.P.S. Act were not followed in this matter. It is further argued that criminal case shown against the applicant as criminal history has been duly explained. It is next submitted that total weight of the contraband recovered in the matter is wrongly shown as 140 Kg. in place of 140 grams in the counter affidavit. Applicant is languishing in jail in this matter since 8.11.2020.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Pawan Kumar involved in Case Crime No.211 of 2020 under Section 21/22 N.D.P.S. Act, P.S. Sadar Bazar, District Mathura be released on bail on his furnishing a personal bond and two heavy 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 pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2021 ss
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Title

Pawan Kumar vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 October, 2021
Judges
  • Om Prakash Vii
Advocates
  • Neel Mani Sharma