Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8292 of 2021 Applicant :- Radhey Shyam Rawat Opposite Party :- State of U.P.
Counsel for Applicant :- Mukesh Kumar,Mohammad Waseem Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Mohammad Waseem, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the case.
The present bail application has been filed on behalf of applicant Radhey Shyam Rawat under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 537 of 2020, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Khutar, District Shahjahanpur, during pendency of the trial.
It has been 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.The First Information Report dated 9.11.2020 has been lodged against the 13 named persons including the applicant. It is further submitted that no incriminating article/contraband of 3 kg 500 gm. ganja has been recovered from the polythene bag has been recovered on the pointing out of the applicant. The alleged recovery of 3 kg 500 gm. ganja, which is below commercial quantity from the polythene bag of the applicant, as shown in the first information report, is made without complying the mandatory provisions of Sections 42 of the NDPS Act. It is further submitted that there is no adequate or substantial compliance with Section 42 of NDPS Act and it is a question of fact to be decided in each case as held by the Constitution Bench of the Apex Court in Karnail Singh Vs. State of Haryana, (2009) 8 Supreme Court Cases 539.
It is further submitted that the applicant has no criminal history except one other case being Case Crime No. 426 of 2020, under Section 60 of Excise Act, P.S. Bilaspur District Rampur, in which he has been enlarged on bail by the court below. The main accused Ritesh Jaiswal from whose possession 103 kg of ganja has been recovered, has already been granted bail by the Coordinate Bench of the Court in Criminal Misc. Bail Application No. 20092 of 2021 vide order dated 20.5.2021, copy of the bail order is attached as Annexure No.R.A-1 to the Rejoinder Affidavit. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 09.11.2020, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the prayer for bail. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Upon considering the totality of facts and circumstances of the case and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.
Let applicant, Radhey Shyam Rawat be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
(i) 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.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
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 :- 27.9.2021 Rakesh