Raja Pratap Singh v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39299 of 2023 Applicant :- Raja Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ishraque Farooqui Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Learned AGA for the State submits that the instructions have been received and he has no objection in case the bail application is decided on merits.

¶2Heard learned counsel for the applicant and learned AGA for the State.

¶3The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 292 of 2023, under Section 8/20 of N.D.P.S. Act, Police Station-Kokhraj, District-Kaushambi, during the pendency of the trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of 70 Kg. ganja (two sacks) has been shown from the motorcycle driven by the applicant. The co-accused Nanka Pasi was the pillion rider. There is no independent witness to the alleged recovery. The mandatory provisions of Sections 50 and 51 of N.D.P.S. Act and Section 100 Cr.P.C. have been violated. It is further contended that procedure prescribed in the Rule 8, 9, 10, 11 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 have been violated. There is no FSL report to establish that the substance recovered is ganja. It is next submitted that the co-accused Nanka Pasi, having identical role has been granted bail by this Court vide order dated 15.9.2023 passed in Criminal Misc. Bail Application No. 40369 of 2023. The applicant claims parity. The applicant is in jail since 16.07.2023 having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶6Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the mandate of Chapter V of the NDPS Act has not been followed. There is no independent witness to the recovery. Even the sampling has not been done in the presence of Magistrate, which is required under Section 52A of the N.D.P.S. Act. The procedure prescribed in the Rule 8, 9, 10, 11 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 have been violated. The applicant does not have any criminal antecedents. The co-accused Nanka Pasi has been granted bail by this Court. Further, the fact that the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Raja Pratap Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 17.10.2023 S.S. High Court of Judicature at Allahabad