Allahabad High Court
Salman vs State Of U.P. on 12 February, 2021
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7847 of 2021
Applicant :- Salman
Opposite Party :- State of U.P.
Counsel for Applicant :- Harsh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.0394 of 2020, under Section 8/20/27A, N.D.P.S.Act, Police Station Phase-3, district Gautam Buddha Nagar and is in jail since 25.11.2020, is seeking enlargement on bail during the trial.
The first information report of this incident was lodged by the police against the applicant. The applicant was not arrested on the spot.
Learned counsel for the applicant submitted that the the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that nothing has been recovered from the possession of the applicant. He submitted that the name of the applicant has surfaced in the confessional statement of co-accused Sanjay Tiwari from whose possession 1.600 Kg. Ganja was recovered. He has lastly submitted that the applicant is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
The Apex Court in the Case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.
Considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let the applicant, Salman be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No.0394 of 2020, under Section 8/20/27A N.D.P.S.Act, Police Station Phase-3, district Gahtam Buddha Nagar subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.2.2021
R./
