Brahmapratap Singh @ Golu Thakur @ Shivpal Singh v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45009 of 2023 Applicant :- Brahmapratap Singh @ Golu Thakur @ Shivpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey 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, learned AGA for the State and perused the record.

¶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. 163 of 2023, under Section 8/20 of N.D.P.S. Act and 3(1) U.P. Gangster Act, Police Station-Aurai, District-Sant Ravidas Nagar (Bhadohi), during the pendency of the trial.

¶4Counsel for the applicant submits that false recovery of 12.800 kg. ganja has been shown from the applicant. There is no independent witness to the alleged recovery. The alleged contraband is below the commercial quantity. The mandatory provisions of Sections 42, 50 and 51 of N.D.P.S. Act have not been complied. There is no F.S.L. report to establish that the substance recovered is ganja. It is further submitted that the applicant is neither a member of any gang nor a gang leader and he has been falsely implicated in the instant case due to ulterior motive. The applicant is in jail since 28.7.2023 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 there is no independent witness to the alleged recovery. The alleged contraband is below the commercial quantity. There is no FSL report to establish that the substance recovered is ganja. Further, the applicant has no criminal antecedents and has remained confined for more than two 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, Brahmapratap Singh @ Golu Thakur @ Shivpal 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 :- 26.10.2023 S.S. High Court of Judicature at Allahabad