Rihan v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42845 of 2023 Applicant :- Rihan Opposite Party :- State of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State who has filed counter affidavit which is taken on record and perused the record.

¶2By means of this bail application applicant seeks bail in Case Crime No.318 of 2022, under Sections 8/22 NDPS Act, Police Station Loni, District Ghaziabad, during the pendency of trial.

¶3Learned counsel for the applicant has argued that the applicant is innocent. He further contends that from the alleged recovery of 110gm alprazolam only 10gm was above the commercial quantity for which there was no independent witness and also there was no compliance of mandatory provisions of the NDPS Act during search, seizure and arrest of the applicant. 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. The criminal history of the applicant has been explained in paragraph-14 of the affidavit filed in support of the bail application in which he has been enlarged on bail. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since

23.08.2022. 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 facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Rihan, 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 :- 17.11.2023 Shahroz High Court of Judicature at Allahabad