Allahabad High Court
Manglesh Rajbhar vs State Of U.P. on 19 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42942 of 2022 Applicant :- Manglesh Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kishore Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Raj Kishore Yadav, the learned Counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
2.. The instant application has been filed seeking release of the applicant on bail in F.I.R. No. 0196 of 2022, under Sections 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Ubhao, District Ballia during pendency of the trial in the Court below.
3.. The aforesaid case has been registered on the basis of an F.I.R. lodged by the Sub Inspector of Police alleging that the applicant was apprehended on the basis of apprehension and 1.100 Kgs Ganja was recovered from a polythene packet being carried by him in his hand.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.
5. The applicant's criminal history has been explained in paragraph 14 of the affidavit filed in support of he bail application.
6.. The applicant is languishing in jail since 31.8.2022.
7. Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but conceded on the point that the quantity of recovered Ganja is below the minimum prescribed commercial quantity.
8. Having considered the aforesaid facts and circumstance of the case and keeping in view the fact that the quantity of Ganja allegedly recovered from the applicant is below the minimum prescribed commercial quantity; that there is no independent witness of the recovery and that samples of the substance recovered appears to not have been drawn keeping in view the provisions of Standing Order No. 1 of 1989 issued by the Central Government and Section 52-A of the N.D.P.S Act, I am of the view that the applicant is entitled to be released on bail.
9. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.
10. Let the applicant Manglesh Rajbhar be released on bail in Case Crime No. 0196 of 2022, under Sections 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Ubhao, District Ballia on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
11. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 19.11.2022 Sumaira