Allahabad High Court
Faisal vs State Of U.P. on 3 September, 2020
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 756 of 2020 Applicant :- Faisal Opposite Party :- State of U.P. Counsel for Applicant :- Farooq Ayoob,Neelam Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.428 of 2019, under Sections 8/21 N.D.P.S. Act, Police Station Zaidpur, District Barabanki with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person, he is having no criminal history and is in jail since 16.12.2019.
It is further submitted on behalf of the applicant that on 16.12.2019, applicant was taken into custody and thereafter, six other persons were also brought to the police station and on the basis of concocted facts, police officials prepared arrest/recovery memo by showing the recovery of Morphine from seven persons along with three two-wheelers. He further submitted that recovery of morphine was shown on all seven persons namely Adil @ Chhotu, Mahfooj, Nadim, Rehman, Junaid, and Rahul with different quantities and recovery of 150 grams of morphine was also shown from the applicant. He further submitted that the aforesaid arrest/recovery memo was entered into G.D. as G.D. No.58 dated 16.12.2019 at 21:50 hours.
Learned counsel for applicant further submitted that the police officials lodged more than seven F.I.R.s at one G.D. Entry, which is against the circular issued by the Director General of Police. He further submitted that the necessary information was not sent to the higher authority within the prescribed period i.e. 48 hours and there is also non compliance of mandatory provisions of Sections 42 & 50 of N.D.P.S. Act, 1985. He further submitted that the alleged recovered contraband is less than commercial quantity and till today, no forensic report has been obtained on the alleged contraband.
Learned counsel for applicant further submitted that the co-accused namely Nadeem & Rahul, who have been shown in the arrest/recovery memo in question, have been granted bail by this Court, vide order dated 23.07.2020 & 22.07.2020 passed in Bail Application Nos.2413 of 2020 and 3718 of 2020 respectively. Therefore, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant, but conceded the fact that recovery of alleged contraband was shown from all the seven persons including the applicant and the said arrest/recovery memo was entered into G.D. as G.D. No.58 dated 16.12.2019 at 21:50 hours and he also conceded the fact that the co-accused namely Rahul and Nadeem have already been granted bail by this Court.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Faisal - be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 3.9.2020 S. Shivhare