Shakil v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39285 of 2023 Applicant :- Shakil Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of this bail application applicant seeks bail in Case Crime No.212 of 2023, under Section 21/22 of NDPS Act, Police Station Kotwali Hathras, District Hathras, during the pendency of trial.

¶3Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel for applicant also stated that seven hundred grams of commercial grade Diazepam powder is said to have been recovered from the applicant. In relation to the said recovery, the provisions of Section 50 NDPS Act have not been followed. There is no independent eye-witnesses to the incident. The applicant was not given an opportunity to be searched before any magistrate or gazetted officer. Due to which the alleged recovery appears to be fake. It is further submitted by learned counsel for the applicant that similarly placed co-accused person, Mohd Imran @ Teetu has already been enlarged on bail by a coordinate Bench of this Court vide order dated 11.10.2023 passed in Criminal Misc. Bail Application No.39597 of 2023. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 15.08.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has vehemently opposed the bail application but he could not dispute the submission made above.

¶5Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant - Shakil, 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 :- 8.11.2023 Imtiyaz High Court of Judicature at Allahabad