Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26177 of 2021 Applicant :- Shiv Kumar Alias Sujeet Kumar Dangi Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava
Hon'ble Rajiv Joshi,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.52 of 2021, under Sections 8/18 of NDPS Act at Police Station G.R.P. Mughalsarai, District Chandauli., during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that as per the FIR, from the possession of the applicant, 1.007 grams opium is said to have been recovered, which is below from the commercial quantity. He has further submitted that at the time of arrest, mandatory provisions of Section 20 of the NDPS Act has not been complied with. He has further submitted that nothing has been recovered from the possession of the applicant and the alleged recovery is false and fabricated. There is no independent eye witness of the alleged recovery, which has been shown by the police. He has further submitted that the applicant is having no criminal history of NDPS Act and in case the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 31.03.2021.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Shiv Kumar Alias Sujeet Kumar Dangi, who is involved in the aforesaid case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 13.8.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.08.13 17:22:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad