Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20912 of 2021 Applicant :- Ramsingh @ Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.537 of 2020, under Section 8/20 N.D.P.S. Act, Police Station Khutar, District Shahjahanpur during the pendency of trial.
It is submitted by learned counsel for the applicant that as per the prosecution case, 2 Kg Ganja has been recovered from the possession of the applicant. The aforesaid recovery is below commercial quantity, therefore, provisions of Section 37 of N.D.P.S. Act are not attracted in the instant case. The recovery memo is not supported by any independent public witness, therefore, possibility of false implication of the applicant cannot be ruled out.
It is further submitted that the guidelines laid down by Hon'ble Supreme Court with regard to arrest of any person has not been complied with in true sense and spirit of law. The mandatory provisions of Section 50 of N.D.P.S. has also been violated in this case. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 22.12.2020. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It has also been pointed out that the accused is not having any criminal history and he is in jail since 09.11.2020 and 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 bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ramsingh @ Jitendra be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the 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. 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 :- 30.7.2021 P.S.Parihar