Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42258 of 2021 Applicant :- Shan Mohammad @ Shanu Opposite Party :- State of U.P.
Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Arun Kumar Singh learned counsel for the applicant and Sri L.D. Rajbhar learned AGA, who appears for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Shan Mohammad @ Shanu for seeking bail in Case Crime No.0692 of 2021 under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station-Naubasta District-Kanpur Nagar.
The bail application of the applicant has been rejected on 15.9.2021 by Special Judge N.D.P.S. Act/Additional Session Judge Court No.16 Kanpur Nagar.
Learned counsel for the applicant has argued that an FIR had been lodged by one Brijesh Kumar against the applicant before the Police Station Naubasta, District Kanpur Nagar being FIR No.0692 of 2021 on 18.8.2021 with an allegation that on the basis of the tip so given to the complainant, the complainant intercepted the applicant and found Charas to the tune of 500 g.m. in possession of the applicant on 17.8.2021.
Learned counsel for the applicant has also drawn the attention of this Court towards annexure 2 page 21 of the paper book being the first information report dated 18.8.2021 lodged by Brijesh Kumar, who had earlier lodged the first information report against the applicant under Sections 411, 413 414 IPC read with Section 41 and 102 Cr.P.C. being P.S. Naubasta, Kanpur Nagar being FIR No.0691 alleging the fact that 500 g.m. of Charas was found in possession of the applicant and thus the aforesaid offences as mentioned hereinabvoe also stood against the applicant.
Learned counsel for the applicant has next argued that the Charas which was found to be in possession of the applicant which is below the commercial quantity as per the notification specifying small quantify and commercial quantity under table purported to be under Sub-Clause vii (a) xxiii (a) of Section 2 of the N.D.P.S. Act.
Learned counsel for the applicant has also drawn the attention towards para 13 of the application so as to contend that there is no criminal history. He is in jail since 18.8.2021.
Sri L.D. Rajbhar learned AGA for the State has though opposed the bail but has not controverted the above mentioned facts.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
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.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Shan Mohammad @ Shanu involved in 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 :-
i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 21.12.2021 piyush