Rijvan v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50441 of 2023 Applicant :- Rijvan Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Sri Neeraj Kumar Sharma, learned A.G.A. for the State submits that the instructions have been received and he has no objection in case the bail application is decided on merits.

¶2Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.

¶3The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 317 of 2023, under Sections 8/20 & 23 of N.D.P.S. Act, Police Station-Seorahi, District-Kushinagar during the pendency of trial.

¶4Counsel for the applicant submits that the applicant was not arrested at the spot has been falsely implicated in the instant case. The applicant was nominated as an accused in the first information report in pursuance of a statement of co-accused, Rakesh Prasad before the Police authorities. No recovery of any contraband was made from the possession of the applicant. The mandatory provisions of Sections 42, 50, 51and 52A of the N.D.P.S. Act have not been complied with. There is no independent witness to the alleged recovery. The criminal history of the applicant has been explained in para no. 11 of the bail application. The applicant is in jail since 23.08.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard counsel for the parties and having perused the record this Court prima facie finds that the applicant was not arrested at the spot. The mandatory provisions of Sections 42, 50, 51and 52A of the N.D.P.S. Act have not been complied with. Apart from the statement of the co-accused, Rakesh Prasad, there is no material against the applicant. Further, the statement of the co-accused, Rakesh Prasad is not corroborated by any material on record. Apart for the instant case, the applicant is not involved in any case under the N.D.P.S. Act, as such there are reasonable grounds to believe that the applicant shall not indulge himself in other cases of similar nature. Moreover, the applicant has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant Rijvan, 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.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Order Date :- 2.12.2023 Sachin Mishra High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad