Brahmdev v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40028 of 2023 Applicant :- Brahmdev Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Dwivedi,Lalla Ram Ojha,Santosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Counter affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

¶3The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 198 of 2023, under Section 21/22 N.D.P.S. Act, Police Station-Hathras Junction, District-Hathras, during the pendency of trial.

¶4Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. False recovery of 750 gram of 'Diazapam' has been shown from the applicant. There is no independent witness to the alleged recovery. The mandatory provisions of N.D.P.S. Act have not been complied with. As a matter of fact, the applicant has been falsely implicated in this case due to non-fulfillment of the illegal demand of the police. There is no previous criminal history of the applicant. The applicant is in jail since 26.07.2023, in case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made above and the fact that the applicant 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 no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper 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.

¶7Let the applicant, Brahmdev, 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.;

(iv) shall appear before the concerned S.H.O. on any day of the first week of every month.

¶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 :- 3.11.2023 S.Verma High Court of Judicature at Allahabad