Mohd. Amar Khan v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44039 of 2023 Applicant :- Mohd. Amar Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar,Vijai Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard 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. 132 of 2023, under Section 8/21 N.D.P.S. Act, Police Station-Dildarnagar, District-Ghazipur, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. False recovery of 350 gm 'heroine' has been shown from the applicant. There is no independent witness to the alleged recovery. The mandatory provisions of N.D.P.S. Act have not been complied with. The police has deliberately shown the quantity of the alleged narcotics substance marginally higher in order to add gravity to the offence. It is next contended that co-accused Rakibur Hassan, from whom 300 gm of alleged contraband substance has been recovered, has been granted bail by coordinate Bench in Crl. Misc. Bail Application No. 44017 of 2023 vide order dated 28.10.2023. There is no previous criminal antecedent to the credit of the applicant. The applicant is in jail since 20.08.2023, 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, Mohd. Amar Khan, 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 :- 2.12.2023 S.Verma High Court of Judicature at Allahabad