Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49888 of 2021 Applicant :- Sudarshan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Learned counsel for the applicant is permitted to make correction in the name of the applicant during course of the day.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been moved on behalf of the applicant in Case Crime No. 488 of 2021, under Section 8/20 of N.D.P.S. Act, P.S. Robertsganj, District Sonebhadra, with a prayer that he may be admitted to bail.
It is argued by the learned counsel for the applicants that 10 KG Ganja is said to have been recovered from joint possession of the applicants and other co-accused which is below commercial quantity. He further argued that they have nothing to do with the said recovery. The quantity shown to have been recovered is less than commercial quantity. No compliance of the mandatory provision of Section 42, 50 & 52 of N.D.P.S. Act has been made at the time of alleged search and seizure. There is no independent witness of the alleged recovery and the applicants have been falsely implicated in the case. The applicants are in jail since 09.09.2021, and in case they are enlarged on bail, they will not misuse the liberty of bail.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicants.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the recovered contraband is below commercial quantity, without expressing any opinion on merits of the case, a case for bail is made out. Accordingly, the bail application is allowed.
Let the applicants Sudarshan and Sugriv involved in the aforesaid case crime, be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 VPS