Allahabad High Court
Mangalesh vs State Of U.P. on 6 May, 2022
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2597 of 2022 Applicant :- Mangalesh Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard Sri Lalit Kumar Srivastava, learned counsel for the applicant and Sri Dinesh Srivastava, learned AGA for the State-respondent.
The instant bail applicant under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 204 of 2021, under Section 8/22 of N.D.P.S.Act, Police Station Fatehabad, District Agra, during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. False recovery of 255 gm. alprazolam has been shown from the applicant. There is no independent witness to the recovery. The mandatory provisions of N.D.P.S. Act has not been complied with. While weighing the recovered substance, the police has weighed it along with polythene and paper, in which it was wrapped. The police has deliberately shown the quantity of the alleged narcotics substance higher in order to add to the gravity of the offence. No accurate scientific instruments were used for measurement. The criminal history of the applicant has been explained in para 6 of the affidavit. The applicant is in jail since 30.05.2021 and in case he is enlarged on bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant Manglesh, involved in the aforesaid case be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
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 :- 6.5.2022 Lbm/-