Allahabad High Court
Akhilesh vs State Of U.P. on 12 January, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1872 of 2021
Applicant :- Akhilesh
Opposite Party :- State of U.P.
Counsel for Applicant :- Krishna Dutt Awasthi
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 267 of 2020, under Section 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Usrahar, District Etawah.
Brief submission of the counsel for the applicant is that the commercial quantity of Alprazolam is 100 grams and 120 grams Alprazolam, which is alleged to have been recovered from the possession of the applicant, is slightly above the commercial quantity and there is no independent eye-witness of the recovery. There was no compliance of Section 50 of the N.D.P.S. Act. He further submitted that one of the co-accused namely Jitendra has already been enlarged on bail by this Court vide its order dated 18.12.2020 in Crl. Misc. Bail Application No. 47369 of 2020. He further submitted that there is nothing on record to demonstrate or to say conclusively that if the applicant is enlarged on bail, it would, in any way, affect the trial of the case and there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is in jail for a considerably period of time.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and also perusing the material on record as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Akhilesh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings 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.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 12.1.2021
vinay
