Allahabad High Court
Soudan Singh vs State Of U.P. on 1 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54662 of 2022 Applicant :- Soudan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sukrampal,Tikendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 489 of 2022, under Section 8/20/60 of N.D.P.S. Act, Police Station Jait, District Mathura, during the pendency of trial.
The FIR was lodged against six accused persons including the applicant and it is alleged that 30 Kg. Ganja was recovered from the back side of the car.
It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the instant case. False recovery of 30 Kg Ganja has been shown from the joint possession of the applicant and others, which has been planted by the police. There are no independent witnesses to the alleged recovery. The mandatory provisions of section 42 and 50 of the N.D.P.S. Act has not been complied with. There is no F.S.L. report to establish that the substance recovered is Ganja. It is pointed out that co-accused Surya Pratap Singh has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 29.11.2022 passed in Criminal Misc. Bail Application No. 53011 of 2022. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 18.10.2022 and the possibility of conclusion of trial in near future is very bleak.
Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage but could not dispute the aforesaid submission of the learned counsel for the applicant.
Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case.
Accordingly bail application is allowed.
Let applicant Soudan Singh involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 1.12.2022 M. Tarik