Allahabad High Court
Badal Yadav 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. - 1861 of 2021
Applicant :- Badal Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Piyush Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
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. 152 of 2020, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Anpara, District Sonbhadra.
Brief submission of the counsel for the applicant the psychotropic substance, which is alleged to have been recovered from the possession of the applicant, is less than the commercial quantity and there is no independent eye-witness of the recovery. He further submits that the applicant has been maliciously implicated in the present matter and, in fact, no recovery was made from the possession of the applicant, and the recovered substance was actually neither weighed nor the applicant was told about his right either to be searched in the presence of Gazetted Officer or Magistrate, as such, there was no compliance of Section 50 of the N.D.P.S. Act. 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 and has no criminal history except one case. This fact has not been disputed by the learned AGA.
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 Badal Yadav 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
