Allahabad High Court
Firoz vs State Of U.P. on 23 March, 2021
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11932 of 2021
Applicant :- Firoz
Opposite Party :- State of U.P.
Counsel for Applicant :- Pandey Balkrishna
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant - Firoz with a prayer to enlarge him on bail in case crime no. 940 of 2018 under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 P.S. Tronica City, District - Ghaziabad, during the pendency of the trial.
As per the FIR version, while the police was patrolling in the area, they intercepted the applicant and recovered 120 gms. contraband substance (Alprajolam) from the possession of the present applicant.
Learned counsel for the applicant contended that the applicant is an innocent person and has falsely been implicated in the case for some ulterior motiveand in fact, no such contraband substance has been recovered from his physical and active possession.There is no public witness or eye witness to prove the complicity of the present applicant in the commission of crime, as alleged in the FIR. In paragraph 25 of the affidavit, it is stated that the applicant is not involved in selling or purchasing the contraband substance and has no other criminal history, except the present one. Learned counsel for the applicant further submitted that in case the applicant is released on bail he will not misuse the liberty of bail and there is no apprehension of his absconding or hampering the trial in any manner. The applicant is in jail since 22.10.2018.
Per contra, learned A.G.A. has vehemently opposed the bail application and contended that his innocence cannot be adjudicated at pre trail stage, therefore, he does not deserve any indulgence and there is likelihood of their involvement in other case. In case he is released on bail, he may misuse the liberty of bail.
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.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, totality of facts and circumstances of the case as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without commenting on the merits of the case at this stage, I find it a fit case to release applicant on bail.
Let the applicant Firoz be released on bail in case crime no. 940 of 2018 under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 P.S. Tronica City, District - Ghaziabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.3.2021
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