Nandu Sav vs State Of U.P.
2019 Latest Caselaw 4309 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19591 of 2019
 

 
Applicant :- Nandu Sav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajiv Chowdhury
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. There is no criminal history of the applicant. As per FIR version the large scale of bottles of Oxytocin and several other items of making oxytocin was recovered from the room with several empty bottles and chemical to prepare oxytocin and during interrogation the applicant confessed his guilt to prepare oxytocin. It has further been submitted that the applicant is not the owner of alleged house from where the recovery has been shown. The applicant was living in one rented room in that house due to which the applicant has falsely been implicated in the present case. It has further been submitted that in this case the co-accused Chandrma Yadav @ Chhotu Yadav from whose possession 100 ampoules of oxytocin injuection were recovered, has already been released on bail by another bench of this court vide order dated 25.4.2019 in Criminal Misc. Bail Application No. 9167 of 2019, therefore, the applicant is also entitled for bail. The recovery of only empty bottles and items of making oxytocin has been shown from the possession of the applicant. False recovery has been planted against the applicant. The applicant has not committed the alleged offence. The applicant is in jail since 11.11.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Nandu Sav involved in Case Crime No. 135 of 2018, under section 274, 275, 419, 420 IPC and Section 18(C) 27 Drugs and Cosmetic Act, P.S. Luxa, District Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 9.5.2019

Masarrat