Allahabad High Court
Brijmohan Gaur vs State Of U.P. on 16 December, 2019
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55096 of 2019 Applicant :- Brijmohan Gaur Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No. 204 of 2019, under Sections 8/22 N.D.P.S. Act, Section 18-A/27 Drugs and Cosmetic Act, Sections 419, 420, 467, 468, 471, 476 IPC and Section 54/64 Copyright Act, police station Sonauli, district Maharajganj, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has contended that ten nitravate tablets 210 mg., 5 ample of Telejesic Injection 2 ml, 25 ample of Noophin Injection 2 ml., four Noorphin injections 2 ml, 3 ample of Diazepam Injection 2 ml, 4 ample of Dizelab Injection 2 ml, 4 ample of Phenergan Injection 2 ml, 5 ample of Serajack Injection 2 ml, 151 capsules of Spasmo Proxyvon Plus Capsule (loose and packed capsule), 78 bottles of Onerx Cough Syrup 100 ml, 5 bottles of Thyo Coat T.R. 100 ml., 5 bottles of K. Code 100 ml, one bottle of Cardiva T 100 ml, 5 ample of Neurobion Forte Injection 2 ml, 5 ample of Diclolab Injection 3 ml, ten capsule of Evokisal 500, ten capsule of Nerobate Soft Geletin, 4 tablets of Man Force 100, one piece dispovan syringe, 10 pieces of single syringe 3 ml., 2 pieces of single use syringe 5 ml, 9 empty bottles of cough syrup, 31 pieces of empty injection vials are alleged to have been recovered from the possession of the applicant, the quantity of drugs contained therein is below the commercial quantity. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. It is again submitted by learned counsel for the applicant that as per the Aadhar Card of the applicant, in which his date of birth is mentioned as 1.1.1949, he is aged about 71 years of age. Copy of the Aadhar card has been appended as annexure No. 1 to the bail application. The applicant, who is in jail since 31.10.2019 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant, Brij Mohan Gaur be 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 concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.12.2019 Sumaira