Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15888 of 2017 Applicant :- Santosh Pahari Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
This is the second bail application.
The instant bail application has been filed on behalf of the applicant, Santosh Pahari with a prayer to release him on bail in Special Case No.18 of 2015 (Case Crime No. 36 of 2015), under Sections 8/20/23 of N.D.P.S. Act, Police Station Sonauli, District- Maharajganj, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The allegation in the First Information Report is that 4 Kg. Charas in 13 packets were recovered from the possession of the applicant without any licence.In the counter affidavit filed by learned A.G.A. it has been stated in paragraph-6 that 2 Kg. Charas was recovered from the possession of the applicant. After recovery it is not clear from the recital of the First Information Report that whether 13 samples were taken from the 13 packets recovered or not. The applicant is languishing in jail since 23.1.2015, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Santosh Pahari involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 14.9.2018 Atul kr. sri.