Suraj Kumar v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45698 of 2023 Applicant :- Suraj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem 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.52 of 2023, under Sections 8/20 NDPS Act, Police Station Chakarghatta, District Chandauli, 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. There is allegation of recovery of 14.600 gms ganja from the possession of applicant. Learned counsel has stated that there is no compliance of mandatory provision of the NDPS Act. Neither public witness were taken nor Magistrate / Gazetted Officer was called on the spot with regard to search. There is no chemical analysis report to corroborate the prosecution version. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no previous criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 24.09.2023. 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 - Suraj Kumar, 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 :- 16.11.2023 I.A.Siddiqui High Court of Judicature at Allahabad