Allahabad High Court
Love Kumar vs State Of U.P. on 20 February, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2755 of 2023 Applicant :- Love Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Subodh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri V.S. Rajbhar, learned A.G.A. for the State-opposite party.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 438 of 2022, under Sections 8/20 of the Narcotics Drugs and Psychotropic Substances Act, Police Station Civil Lines, District Moradabad during the pendency of the trial.
It is contended that the applicant has been falsely implicated in the instant case. False recovery of 27 kg. Ganja was shown from the joint possession of five persons in a car. The applicant was a passenger in the car, from which the alleged Ganja was recovered. He is neither owner nor driver of the alleged vehicle. The applicant had no concern with the contraband being ferried in the aforesaid car. There is no independent witness to the recovery. The mandatory provisions of the N.D.P.S. Act have not been complied with. It is next contended that the procedure of sampling adopted is in violation of the Standing Order/Instruction No. 1 of 1989 dated 13.06.1989 issued by the Government of India under Section 52-A of the N.D.P.S. Act. There is no FSL report to establish that the substance recovered is Ganja. It is further contended that co-accused Sachin @ Sateyendra and Shankar Singh Negi have been granted bail by this Court in Criminal Misc. Bail Application Nos. 46611 of 2022, Sachin @ Satyendra v. State of U.P., and 39434 of 2022, Shankar Singh Negi v. State of U.P., vide orders dated 11.11.2022 and 27.09.2022 respectively. The applicant is in jail since 05.06.2022 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.
Learned A.G.A. 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- Love Kumar, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:
1. shall appear on the date fixed by the trial court;
2. shall not tamper with the prosecution evidence; and,
3. 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 :- 20.2.2023 SKT/-