Ankit Alias Guddu v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37519 of 2023 Applicant :- Ankit Alias Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Mayank,Abhishek Tiwari Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 318 of 2023, under Section 8/20/60 N.D.P.S. Act, Police Station-Garh Mukteshwar, District-Hapur, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. False recovery of 25 k.g. 'Ganja' has been shown from the joint possession. There is no independent witness to the alleged recovery. The mandatory provisions of N.D.P.S. Act have not been complied with. There is no F.S.L. report to establish that the substance recovered is Ganja'. The co-accused persons Rohit and Brijendra Alias Tinku, have been enlarged on bail in Criminal Misc. Bail Application No. 39143 of 2023 and 39156 of 2023 vide order dated 6.9.2023. The criminal antecedent of the applicant has been explained in para 8 of the affidavit. The applicant is in jail since 20.07.2023, in case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶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 Ankit Alias Guddu 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 :- 23.11.2023 S.Verma High Court of Judicature at Allahabad