Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26740 of 2021 Applicant :- Sanjay Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Ravindra Prakash Srivastava, learned counsel assisted by Shri Pradeep Tiwari, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No.76 of 2021 at Police Station-Shohratgarh, District-Siddharth Nagar under Section 8/20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge/FTC-II, Siddharth Nagar, on 17.06.2021.
The applicant is in jail since 15.12.2020, pursuant to the said F.I.R.
Shri Ravindra Prakash Srivastava, learned counsel assisted by Shri Pradeep Tiwari, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the prosecution case, 2 Kg. of Charas has been recovered from the applicant. The applicant is a student who is 18 years of age. The chargesheet was filed on 15.05.2021 before the trial court while the chemical examination report was submitted much later on 07.09.2021. It is contended that the investigation was biased and the chargesheet is vitiated. Charas was planted on the person of the applicant to frame him in the instant criminal case to show proficiency of police investigators. The weight of the recovered substance as stated in the F.I.R. is unreliable as accurate scientific instruments were not used for weighment. There is no independent witness or public witness to the alleged recovery. The recovery was made in violation of Section 42 read with Section 50 of the NDPS Act. No forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is prohibited under the NDPS Act. Apart from the instant case, the applicant does not have any criminal history. Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri I. P. Srivastava, learned AGA could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA could not dispute the fact that the applicant does not have any criminal history apart from this case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Sanjay Yadav involved in Case Crime No.76 of 2021 at Police Station-Shohratgarh, District- Siddharth Nagar under Section 8/20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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 to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 Dhananjai