Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6377 of 2018 Applicant :- Vipin Jaiswal @ Golu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Bihari Mishra,A.K. Verma,B.K. Pandey,Deepak Dubey,Umesh Chandra Tiwari Counsel for Opposite Party :- A.G.A.
Hon'ble Karuna Nand Bajpayee,J.
This third bail application has been filed on behalf of applicant seeking his release on bail in Special S.T. No. 43 of 2016, arising out of Case Crime No. 63 of 2016, under Section 8/20 N.D.P.S. Act, Police Station- Pipri, District- Sonbhadra. The first bail application and the second bail application of the applicant have already been rejected by this Court vide order dated 10.11.2016 and 9.8.2017 respectively on merits.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Learned counsel for the applicant has once again tried to touch upon the merits of the case and reiterated the same arguments that have been raised while rejecting the first and the second bail applications. The period of detention has also been pointed out.
Learned A.G.A. has opposed the prayer for bail.
The perusal of earlier bail rejection orders reveals that the merits of the case have been gone into at some length and the hugeness of recovery is such which by itself lends strong assurance about the genuineness of the same. The recovery of the amount of contraband is much beyond the commercial limit. Even on prevision occasion the applicant had been found involved in an offence under Section 8/20 of N.D.P.S. Act. The contraband recovered is many times more than the commercial limit. The gravity of offence had dissuaded the Court to grant bail in this matter. The merits of the case cannot be looked and relooked again and again. Though on the insistent request of the counsel the Court has once again gone through the record but does not see any good reason to take a different view of the matter even now. The period of detention in a matter like this cannot be said to be so long drawn out which by itself may constitute any good ground to release the applicant on bail on that basis alone. The offences under the Act are posing grave menace to the future of nation's youth and in fact, the transactions under narcotics are now known to lead even to terrorists activities. This Court has no reason to soft peddle offencnes of such nature specially where such colossal amount of contraband is recovered.
Therefore, the third prayer for bail of the applicant also stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 21.8.2019 Naresh