Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25696 of 2021 Applicant :- Shailendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar,Jamil Ahamad Azmi,Rajnikant Rai Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Jamil Ahamad Azmi, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is facing prosecution in Case Crime No.0254 of 2021, under Sections- 8/21/22 of Narcotic Drugs and Psychotropic Substance Act, 1985, P.S.-Kotwali Ghazipur, District-Ghazipur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the the applicant has got a clear past having no criminal antecedents to his credit and he has been falsely implicated by the police by planting 500 gms of alprozolam tablets and 100 gms of heroine. It is contended that there is no independent witness of the alleged recovery. He further submitted that the there is no compliance of Section-50 of N. D. P. S. Act, which is mandatory in nature and it is incumbent upon the prosecution to bring the accused before a Gazetted Officer or Magistrate for his frisking. Learned counsel for the applicant has also submitted that the applicant is in jail since 05.6.2021 having no criminal antecedents to his credit, hence he is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, complete go-by to the mandatory procedure for search and seizure and submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant-Shailendra Kumar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in aforesaid case crime number, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
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 computerized 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 M. Kumar