Allahabad High Court
Gaus Mohammad Alias Raj vs State Of U.P. on 19 January, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:12050 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52396 of 2023 Applicant :- Gaus Mohammad Alias Raj Opposite Party :- State of U.P. Counsel for Applicant :- Murli Dhar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. By means of this bail application, applicant seeks bail in Case Crime No. 295 of 2023, under Sections 8/21/23 of N.D.P.S Act, Police Station-Siddharth Nagar, District Siddharth Nagar, during pendency of trial.
3. It is submitted by learned counsel for the applicant that F.I.R. has been lodged against the applicant on the allegation that ten leaves consisting of 8 tablets each of Spasmo Proxyvon Plus weighing 48.00 gram has been recovered from possession of applicant. The applicant has been falsely implicated in the present case by the police. In the instant case crime there is no independent witness with regard to alleged recovery. Applicant has no other criminal history except the present case crime. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. Provision of Section 50, 52, 53 of N.D.P.S. Act has not been complied with. Applicant is languishing in jail since 06.10.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
4. On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
5. Keeping in view the quantity of recovered substance, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant Gaus Mohammad Alias Raj involved in Case Crime No. 295 of 2023, under Sections 8/21/23 of N.D.P.S Act, Police Station-Siddharth Nagar, District Siddharth Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/ intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required.
iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
vi. The applicant shall not leave India without the previous permission of the Court.
vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.
7. In 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 :- 19.1.2024 Shaswat