Mahendra Kumar Bind @ Pakaudi Bind v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44254 of 2023 Applicant :- Mahendra Kumar Bind @ Pakaudi Bind Opposite Party :- State of U.P. Counsel for Applicant :- Pushpa Joshi,Ghanshyam Joshi 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.

¶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. 124 of 2023, under Section 8/20 N.D.P.S. Act, Police Station-Rajgarh, District-Mirzapur during the pendency of trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of 6.64 kg. Ganja has been shown from the applicant. There is no independent witness to the alleged recovery. The recovered substance is below the commercial quantity. The recovery of Rs.8050/- has been shown from the applicant. The said amount belongs to the applicant. The mandatory provisions of Section 42, 50 and 51 of N.D.P.S. have not been complied with. There is no F.S.L. report to establish that the substance recovered is 'Ganja'. The applicant does not have any criminal history. The applicant is in jail since

28.9.2023. 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 learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. The recovered substance is below the commercial quantity. The applicant does not have any criminal antecedents. Moreover, the applicant has remained confined for more than one month and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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 Mahendra Kumar Bind @ Pakaudi Bind, 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 :- 3.11.2023 S.S. High Court of Judicature at Allahabad