Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16043 of 2021 Applicant :- Ramu Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Ramu in connection with Case Crime No.344 of 2019, under Sections 18/20, N.D.P.S. Act, Police Station Kalyanpur, District Kanpur Nagar.
Heard Mr. Upendra Kumar Tiwari, learned Counsel for the applicant and Mr. S.S. Tiwari, learned A.G.A. appearing for the State through video conferencing.
The submission of learned counsel for the applicant is that he has been falsely implicated in the present crime. The recovery shown from him is of Charas weighing 100 gms., whereas the commercial quantity is 1 kg. The recovery shown falls in the category of small quantity. It is argued that there is no public or other independent witness of the recovery. The applicant has a solitary criminal history unrelated to N.D.P.S, which has been explained in paragraph No.11 of the affidavit. The applicant is in jail since 21.04.2019, which by now, is a period of two years as an under trial.
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 prima facie the Charas recovered falls in the category of small quantity, the fact that there is no public witness of the recovery, the fact that the applicant has spent about two years as an under trial, 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, Ramu, in connection with Case Crime No.344 of 2019, under Sections 18/20, N.D.P.S. Act, Police Station Kalyanpur, District Kanpur Nagar, be released on bail on executing his 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 a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned 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.
In case of default of any of the conditions enumerated above, the complainant 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 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 NSC