Jitu@ Jitendra v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45717 of 2023 Applicant :- Jitu@ Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Shiv Kumar Singh, learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 226 of 2023, under Sections 8/20 of NDPS Act, Police Station Kabrai, District Mahoba, during the pendency of trial.

¶4As per prosecution story, 1.2 kg of ganja is stated to have been recovered from the possession of the applicant on 13.08.2023 by police.

¶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. No incriminating article has been recovered from the possession of the applicant. There is no independent witness to support the prosecution version. There is no chemical analyst report which indicates that the alleged recovery is a contraband article. There is no compliance of Section 52-A of NDPS Act. The said contraband falls below commercial quantity. Criminal history of five cases assigned to the applicant has been explained in the affidavit filed along with bail application. In four cases, he has been bailed out and in another case, he has yet to apply for bail. The rigors of Section 37 of NDPS Act do not apply to the present case. The applicant is languishing in jail since 31.08.2023 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 application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶8Let the applicant-Jitu@ Jitendra involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶9In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶10Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶11It 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 on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 24.11.2023 Siddhant High Court of Judicature at Allahabad