Yogesh Kumar vs State Of U.P.
2015 Latest Caselaw 326 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14941 of 2015
 
Applicant :- Yogesh Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- K.S. Chahar
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Karuna Nand Bajpayee,J.

Heard learned counsel for the applicant and learned A.G.A.

Perused the record.

Submission of the counsel for the applicant is that the amount of the contraband which has been allegedly recovered from the possession of the accused is below commercial quantity. Other submissions assailing the the truthfulness of the prosecution story with regard to the recovery have also been made. Further contention is that the statutory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in true letter and spirit, and therefore, the legal sanctity of the alleged recovery stands vitiated. The counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. Malice behind the prosecution has also been pleaded during the course of the arguments placed on behalf of the accused. It has also been submitted that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

Learned A.G.A. has opposed the prayer for bail.

After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

Let the applicant-Yogesh Kumar, involved in Case Crime No.89 of 2015, u/s 8/20 NDPS Act., P.S.-Kagaraul, District-Agra be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

Order Date :- 4.5.2015

Ps