Raju Halwai v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44820 of 2023 Applicant :- Raju Halwai Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Pandey,Devi Prasad Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Krishna Kumar Pandey, Advocate holding brief of Sri Manish Kumar Pandey, learned counsel for the applicant as well as Sri Sunil Kumar, learned AGA for the State and perused the material placed on record.

¶3By means of the present application, the applicant seeks bail in Case Crime No. 273 of 2023, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Prem Nagar, District Jhansi, during the pendency of trial.

¶4As per the prosecution story, the applicant is said to have been arrested on

23.07.2023 along with 5 kg 150 grams of 'Ganja'.

¶5It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. No incriminating article has been recovered from the possession of the applicant. There is no independent witness to support the prosecution version. There is no chemical analyst report which indicates that the alleged recovery is a contraband article. The said contraband is below commercial quantity. The rigors of Section 37 of NDPS Act do not apply to the present case. The applicant is languishing in jail since 24.07.2023, having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail he will not misuse the liberty of bail.

¶6Per contra learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the fact that the applicant has no criminal history.

¶7Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.

¶8Let the applicant-Raju Halwai, who is involved in the aforementioned 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 following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 26.10.2023 Siddhant High Court of Judicature at Allahabad