1. Heard Sri Jayveer Rajput, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in case crime No.253/2020, under Section-8/20 of N.D.P.S Act, Police Station Gangaghat, District Unnao with the prayer to enlarge him on bail.
3. The submissions of learned counsel for the applicant are that the applicant has been apprehended at night when he was walking on the road. It is alleged that 2 kilograms and 350 grams of ganja was recovered from the applicant in the night at 23.10 on 29.8.2020. There is no compliance of mandatory provision of Section 50 of N.D.P.S. Act in as much as the search of the applicant was not conducted in presence of a gazetted officer.
4. Learned counsel for the applicant submits that the search was not conducted as per the provisions of Section 100 Cr.P.C. It is clear from the recovery memo dated 29.8.2020 that as per subsection 4 of Section of Section 100 Cr.P.C. the search was not made in presence of independent witness. Learned counsel for the applicant has submitted that entire search is totally false and the said documents have been planted upon the applicant. In support of his submissions learned counsel for the applicant submits that there is no independent witness of the said recovery memo. It is also submitted that he has no criminal history and undertakes that he will never abscond or tamper with the prosecution witness.
5. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid submissions advanced by counsel for the applicant.
6. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
7. Let applicant -Sarju Dhanuk be released on bail in case crime No.253/2020, under Section-8/20 of N.D.P.S Act, Police Station Gangaghat, District Unnao, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(iii) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) 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.
8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 27.1.2021 (Alok Mathur, J.) RKM.