Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12795 of 2018 Applicant :- Suraj Maurya Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Prakash Singh,Anand Vikram Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by the learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution story F.I.R. was lodged against the present applicant alleging that on 23.10.2017 he was arrested by the police personnel and 20 kg 800 gms Ganja was recovered from him in four packets and from each packet, total 400 gms. Ganja was sent for chemical examination and according to chemical examination report dated 29.5.2018 only 355 gms. Ganja was found in examination out of 400 gms.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 23.10.2017 (about 10 months); having no criminal history; he has been falsely implicated in the present case; sample of 400 gms Ganja was sent for chemical examination and that was found 355 gms, it appears that the sample was not properly measured; in this ratio, the article recovered from the possession of the applicant was below commercial quantity and it is also doubtful whether the sample sent for chemical examination was the same or not otherwise the weight of sample must be 400 gms. and on this ground the applicant is also entitled for bail, there is no independent witness against the applicant; mandatory provisions of Cr.P.C. and N.D.P.S. Act have not been complied with and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute that the applicant has no criminal history and sample was sent for chemical examination of 400 gms. Ganja and that was found 355 gms. in the laboratory according to chemical examination report.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, 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 Suraj Maurya involved in Case Crime No. 763 of 2017, under Section 8/20 NDPS Act, Police Station Meerganj, District - Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2018 OP