Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16118 of 2021 Applicant :- Ram Gopal Opposite Party :- State of U.P.
Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Ram Gopal in connection with Case Crime No. 14 of 2021 under Sections 8/21 N.D.P.S. Act, P.S. Bah, District Agra.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is submitted that the applicant has been falsely implicated. It is further submitted that 170 grams of Alpazolam powder shown to be recovered from the applicant is a planted recovery and includes the weight of the bags and polythene, which if accounted for may well push it down below the commercial quantity. It is further argued that the applicant is a 60 years old man, who has been arrested by the Police from his house and foisted with a false recovery. It is also urged that the recovery has been shown from a heavily populated area but there is no public witness associated showing it to be suspect. It is next submitted that the applicant was never offered search before a Gazetted Officer and the arrest is one in breach of Section 50 of the N.D.P.S. Act. It is further pointed out that there is no report from the Forensic Science Laboratory as yet, showing the substance recovered from the applicant to be Alpazolam or any kind of a narcotic. It is pointed out that the applicant has no criminal history under the N.D.P.S. Act, though there is one case under the Excise Act registered against him. It is also argued that the applicant is in jail since 31.03.2021 The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that arrest is shown from a busy public place but there is no public witness of the recovery, the fact that there is no compliance of Section 50 of the N.D.P.S. Act, the fact that there is no report from the F.S.L. yet establishing the identity of the recovered substance as Alpazolam or other any kind of a narcotic, the fact that the applicant is a 60 years old man, who has considerable risk in the present COVID-19 pandemic as an under trial in jail, the fact that the applicant is in jail since 31.03.2021, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Ram Gopal in connection with Case Crime No. 14 of 2021 under Sections 8/21 N.D.P.S. Act, P.S. Bah, District Agra be released on bail on executing their personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
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 of opinion on the merits of the case. It is further clarified that 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.
Order Date :- 12.5.2021 Deepak