Allahabad High Court
Shiv Kumar Yadav @ Pakhandu vs State Of U.P. on 13 January, 2023
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35244 of 2022 Applicant :- Shiv Kumar Yadav @ Pakhandu Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Srivastava,Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.123 of 2022at Police Station-Obra, District-Sonbhadraunder Sections8/22 of NDPS Act. The applicant is in jail since05.07.2022..
The bail application of the applicant was rejected by the learnedAdditional Sessions Judge/FTC, Sonbhadra on 30.07.2022.
The following arguments made by ShriRajesh Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by learned AGA from the record, entitle the applicant for grant of bail:
(1). 2.5 k.g. ganja was planted on the applicant to implicate him in this case to burnish the credentials of the police authorities.
(2). There is no independent witness to the recovery.
(3).The search and seizure has been made in violation of the mandatory provisions of the NDPS Act.
(4). The quantity of the prohibited substance is exaggerated as inaccurate instruments have been used for weighment. The recovered quantity is less than the notified commercial quantity.
(5). Explaining the criminal history of the applicant it is contended that the applicant belongs to poor economic strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in the said cases only to burnish the credentials of the police authorities. The said cases do not depict commission of any heinous offence and have no bearing on the instant bail application.
(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Shiv Kumar Yadav @ Pakhandube released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 13.1.2023 A.N. Mishra