Ghanshyam @ Mukesh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42202 of 2023 Applicant :- Ghanshyam @ Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 47 of 2019, under Section 21/ 22 N.D.P.S. Act, Police Station-G.R.P. Tundala, District-Firozabad, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. False recovery of 160 gram 'alprazolam' has been shown from the applicant. Though the recovered contraband substance falls in the commercial quantity, however, there is no independent witness to the alleged recovery. The criminal history of the applicant has been explained in para 12 of the affidavit. It is lastly contended that the applicant is in jail since 16.05.2019, in case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made above and the fact that the applicant has remained confined for more than four years, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Ghanshyam @ Mukesh, involved in the aforesaid case crime 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In 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 :- 18.10.2023 S.Verma High Court of Judicature at Allahabad