Irfan @ Chikara v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33966 of 2023 Applicant :- Irfan @ Chikara Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Farooq,Atul Srivastava 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. 34 of 2023, under Section 8/ 20 N.D.P.S. Act, Police Station-Chamanganj, District-Kanpur Nagar, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. False recovery of 1.1 k.g. 'Charas' has been shown from the applicant which is above commercial quantity. The recovery is false and planted as there is no independent witness to the alleged recovery. The mandatory provisions of N.D.P.S. Act have not been complied with. It is contended that there was some dispute between the applicant and the police due to which the police being annoyed implicated him in this false case. No F.S.L. report has been obtained to establish the substance to be 'charas'. There is no previous criminal history of the applicant. The applicant is in jail since 22.03.2023, 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 seven 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Irfan @ Chikara, 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 :- 30.10.2023 S.Verma High Court of Judicature at Allahabad