Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16125 of 2021 Applicant :- Ravi Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Ravi Singh in connection with Case Crime No. 68 of 2021, under Section 8/21, 22, 25, 26 N.D.P.S. Act, P.S. Mandi, District Saharanpur.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State through video conferencing.
It is submitted by the learned counsel for the applicant that what is shown to be recovered from the applicant are .5 mg each of Alprazolam tablets which when taken together constitute 100 grams. It is submitted that the tablets shown to be seized from the applicant is a fake recovery planted on him. It is urged that recovery has been shown from a busy public place but there is no public witness of the recovery. The applicant was never offered to be searched before a Gazetted Officer rendering the recovery one of breach of Section 50 of the N.D.P.S. Act. It is next submitted that Alprazolam tablets recovered, if at all it be true, are meant for therapeutic use and cannot be dealt with under the N.D.P.S. Act. It is submitted that the applicant is a respectable man with no criminal history and has never been convicted of any offence. It is further pointed out that the applicant is in jail since 30.01.2021.
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 there is no public witness of the recovery otherwise shown from a busy public place, the fact that prima facie there is no compliance of Section 50 of the N.D.P.S. Act, the fact that recovery is of Alprazolam tablets meant for the therapeutic use, the fact that the applicant has no criminal history under the N.D.P.S. Act, and is a first timer with no criminal background, 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, Ravi Singh in connection with Case Crime No. 68 of 2021, under Section 8/21 N.D.P.S. Act, P.S. Mandi, District Saharanpur 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 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