By means of this application, the applicant, who is involved in Case Crime No. 166 of 2021, under sections 8/21 of N.D.P.S. Act, Police Station-Jaidpur, District-Barabanki is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the present case though the applicant was not in possession of any substance like Morphine as alleged in the F.I.R.
It is further submitted that the quantity of recovery of Morphine shown is 150 gm. which is below the commercial quantity as per the Narcotic Drug an Psychotropic Substances Act, 1985.
It is further submitted that neither the compliance of provisions of Section 50 of the N.D.P.S. Act nor the provisions of Sections 42,52,55 and 57 of the N.D.P.S. Act have been complied with.
It is further submitted that there is no criminal history of the applicant and he is languishing in jail since 10-05-2021.
On contra, learned A.G.A., on the basis of instructions received, opposed the prayer for grant of bail but failed to dispute the submissions raised by learned counsel for the applicant.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant, Ramdas Pasi, involved in Case Crime No. 166 of 2021, under sections 8/21 of N.D.P.S. Act, Police Station-Jaidpur, District-Barabanki be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) 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.
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. 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 :- 13.8.2021 AKS