Dhirendra Tiwari @ Dharmendra Tiwari @ Rajesh v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47499 of 2023 Applicant :- Dhirendra Tiwari @ Dharmendra Tiwari @ Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Surya Kant Tiwari,Rajnish Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Surya Kant Tiwari, learned counsel for the applicant as well as Ms. Ifra Islam, 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. 414 of 2023, under Sections 419 & 420 of IPC and Sections 8/20/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Meja, District Prayagraj, during the pendency of trial.

¶4As per the prosecution story, 39.03 kg of 'Ganja' is stated to have been recovered from the truck which was being driven by the applicant.

¶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. He was simple a driver of the said truck. The said recovery is fake as there is no compliance of Section 52-A of NDPS Act. The applicant has no criminal history and the other co-accused persons have criminal history. He is languishing in jail since

02.05.2023, deserves to be released on bail. In case, the applicant is released on bail he will not misuse the liberty of bail and shall cooperate with trial.

¶6Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant on the ground that the contraband was found from the conscious possession of the applicant, as such, he is not entitled for bail.

¶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-Dhirendra Tiwari @ Dharmendra Tiwari @ Rajesh, 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 :- 7.11.2023 Siddhant High Court of Judicature at Allahabad