Allahabad High Court
Chandar Singh Thakur vs Union Of India on 25 January, 2021
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2521 of 2021
Applicant :- Chandar Singh Thakur
Opposite Party :- Union of India
Counsel for Applicant :- Sudhanshu Singh
Counsel for Opposite Party :- Krishna Agarawal
Hon'ble Ajit Singh,J.
Learned counsel for the applicant is permitted to make necessary correction.
Heard learned counsel for the applicant, learned counsel for the Central Narcotics Bureau and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 02 of 2015, under Section 8/15 and 8/29 N.D.P.S. Act, P.S. NCB, district-Bareilly and is in jail since 13.8.2015, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to some ulterior motive. He next submits that the applicant was arrested along with other co-accused namely, Shyam Sunder Sharma and Munish Kumar Gupta on the information of police informer by the team of Central Narcotics Bureau from a truck bearing no. UP25AT/1255 and from their joint possession 1501.200 kgs. Doda powder was allegedly shown recovered and there is no public witness of the alleged recovery. Further submission is that during recovery process the police team and the team of Cental Narcotics Bureau, illegally put pressure upon the accused persons to confess the crime and pressurized them to put their signatures on the recovery memo. He also submits that neither the applicant was supplier nor user/carrier, therefore, no offence under NDPS Act has been made against him. He also submits that the applicant is a HIV positive patient and the statement of the accused under Section 313 Cr.P.C. has been recorded and the trial is about to conclude. He lastly submits that the applicant has no criminal history. He is languishing in jail since 13.8.2015 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that all the witness of fact has been examined during the trial and the judgment is about to pronounce.
After having heard the rival submissions advanced by learned counsel for the applicant and learned A.G.A. for the State, this Court does not find it proper to release the applicant on bail.
The bail application is accordingly rejected.
However, considering the peculiar fact and circumstances of the case the trial court is directed to conclude the applicant's trial within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties.
Order Date :- 25.1.2021
Faridul
