Sita Ram Agarwal vs State Of U.P.
2013 Latest Caselaw 2202 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 16
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5356 of 2013
 

 
Petitioner :- Sita Ram Agarwal
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Abhishek Shukla,Satish Trivedi
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Het Singh Yadav,J.

Counter affidavit filed on behalf of the state and rejoinder affidavit filed on behalf of the applicant today are taken on record.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

Learned counsel for the applicant argued that the applicant was travelling in the Safari Car as a gratuitous passenger. The police intercepted the car and alleged to have been recovered 111 kg. Ganja from its Diggi. The owner of the car co-accused Pawan Tiwary was also travelling in the same car. It was being driven by Santosh Yadav. Thus, the alleged Ganja was not recovered from the possession of the applicant. He had no knowledge that the illicit Ganga was being taken in the car. The police booked the applicant also in this case simply because of reason he was found travelling in the car. The arresting officer has not complied with the mandatory provision of Section 50 of N.D.P.S. Act. Therefore, the applicant deserves to be enlarged on bail.

Learned AGA opposed the bail application submitting that 110 kg. illicit Ganja was recovered from the Diggi of the car in which the applicant was travelling. The quantity of Ganja is much higher than the commercial quantity and, therefore, his bail application deserves to be rejected.

Considering the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides, the applicant deserves to be enlarged on bail.

Let applicant Sita Ram Agarwal involved in the Case Crime No. 313 of 2012, under Section 8/20 N.D.P.S. Act, Police Station Chandauli, District Chandauli be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions that:

(i) He shall mark his attendance at police station concerned once in the first week of every calendar month during the trial.

(ii) He will co-operate in the trial and will remain present before the trial Court on the date fixed in the matter.

(iii) He will not misuse the liberty of the bail and will not repeat any such instance in future.

In case of breach of any of the above conditions, the trial Court will be at liberty to cancel the bail of the applicant.

Order Date :- 16.5.2013

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