Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23892 of 2021 Applicant :- Sahabe Alam Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Arun Kumar Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further argued that only one kg and 120 gms. "Charas" is said to have been recovered in the matter. Referring to the recovery memo it is argued that it is not clear that whether the weight of the packet/wrapper has been deducted from the total weight of the contraband or not. If weight of the packet has been deducted it might be possible that total weight of the contraband may come to less than the commercial quantity. Thus, referring to the aforesaid fact it was next argued that mandatory provisions under the N.D.P.S. Act for search and seizure have not been followed. Recovery is not supported with the independent evidence. Accused applicant is in jail since 08.01.2021. All the criminal cases shown as criminal history have been duly explained in the affidavit.
On the other hand, learned AGA opposed the prayer for bail. Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sahbe Alam involved in Case Crime No. 5 of 2021, under Section 8/20 N.D.P.S. Act, Police Station Colonolganj, District - Kanpur Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.25 15:55:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad