Sunil Gupta v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25455 of 2023 Applicant :- Sunil Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,A Kumar Srivastava,Vikrant Singh Parihar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Supplementary affidavit filed by counsel for the applicant is taken on record.

¶2Heard learned counsel for the applicant and learned A.G.A. for the State.

¶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. 89 of 2023, under Sections 8/20 of N.D.P.S. Act, Police Station-Friends Colony, District-Etawah during the pendency of trial.

¶4Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. False recovery of 128 kg and 542 gram (60 packets) Ganja has been shown from a 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 N.D.P.S. Act have not been complied with. A common sample was taken from 60 packets of Ganja. Further, the procedure of sampling prescribed in Rule 8, 9, 10 (1), 12 and 13 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 have also been violated. It is next contended that identically placed co-accused, Virendra Singh, has been granted bail by this Court in Criminal Misc. Bail Application No. 38395 of 2023 vide order dated 06.11.2023. The applicant claims parity. The criminal history of the applicant has been explained in paragraph no. 21 of the bail application. The applicant is in jail since 25.08.2022 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 counsel for the parties and having perused 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. Sample was not taken from each packet, one common sample was prepared and sent to the Forensic Science Laboratory. Thus, 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. Further, identically placed co-accused, Virendra Singh, has been granted bail by this Court. Apart from 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 one year and three months and 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-Sunil Gupta, 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 Court. Order Date :- 8.12.2023 Aditya High Court of Judicature at Allahabad