Pravez v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42573 of 2023 Applicant :- Pravez Opposite Party :- State of U.P. Counsel for Applicant :- Kartikey Singh 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-opposite party and perused the record.

¶2The 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. 236 of 2023, under Section 8/20/29/60 N.D.P.S. Act and 473 I.P.C., Police Station-Jait, District-Mathura during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. False recovery of 'Ganja' has been shown from a vehicle which does not belong to the applicant. The applicant was a passenger in the vehicle in which Ganja was being transported. There is nothing on record to demonstrate 'conscious possession' of the applicant. There is no independent witness to the alleged recovery. The mandatory provisions of Sections 40, 51 and 52 of N.D.P.S. Act 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 Ahsaan having identical role has been granted bail by this Court vide order dated

25.9.2023 passed in Criminal Misc. Bail Application No. 40583 of 2023. The applicant claims parity. The applicant does not have any criminal history. The applicant is in jail since 25.6.2023. 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 heard counsel for the parties and having perused the record, this Court prima facie finds that there is no independent witness to the alleged recovery. There is no FSL report to establish that the substance recovered is ganja. The mandate of Chapter V and Section 52A of the NDPS Act has not been followed. The applicant has no criminal antecedents. The co-accused Ahsaan having identical role has been granted bail by this Court. Further the applicant has presently remained confined for almost three months and 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 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 Pravez, 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 :- 31.10.2023 S.S. High Court of Judicature at Allahabad