Anil Kumar Soni v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51537 of 2023 Applicant :- Anil Kumar Soni Opposite Party :- State of U.P. Counsel for Applicant :- Gaurang Dwivedi,Raj Kumar Kesari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Sri V.P. Tripathi, learned A.G.A., submits that he has received the instructions and he has no objection if the bail application is decided on merits.

¶2Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party.

¶3The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 196 of 2023, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Mahrauni, District Lalitpur during the pendency of trial.

¶4Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. False recovery of

64.585 kg. (62 packets) Ganja has been shown from a Bolero vehicle. It is contended that the applicant has no concern with the said vehicle. There is nothing on record to demonstrate 'conscious possession' of the applicant. There is no independent witness to the alleged recovery. The mandatory provisions of Sections 42, 50, 51 and 52A of the N.D.P.S. Act have not been complied with. There is no FSL report to establish that the substance recovered is Ganja. The procedure of sampling is in violation of the provision conferred under the N.D.P.S. Act. The applicant is in jail since

08.09.2023, having no criminal history and 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 learned counsel for the parties and after perusal of the record, this Court prima facie finds that the mandate of Sections 42, 50, 51 and 52A of the N.D.P.S. Act has not been followed. There is no independent witness to the alleged recovery. The procedure of sampling adopted is in violation of Rules 8, 9, 10 and 11 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. The inventory of the seized contraband was not certified by the Magistrate. The applicant has no criminal antecedents. Hence, there are reasonable grounds to believe that the applicant should not indulge himself in other cases of similar nature. Apart from the instant case, the applicant is not involved in any case, 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 almost two and half months and after submission of the charge-sheet there is no hope of early conclusion of trial and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant-Anil Kumar Soni, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; and,

(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 Court. Order Date :- 2.12.2023 SKT/- High Court of Judicature at Allahabad