Allahabad High Court
Sharukh @ Gullu vs State Of U.P. on 30 August, 2022
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29907 of 2022
Applicant :- Sharukh @ Gullu
Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Sharukh @ Gullu with a prayer to release him on bail in Case Crime No. 0372 of 2022, under Sections 8/20 N.D.P.S Act, P.S. Vijay Nagar, District Ghaziabad during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Recovery of 2Kg 600 gm Ganja, recovered contraband material is below to the commercial quantity. Learned counsel for the applicant submits that there is no public witness to the alleged recovery. It is further submitted that mandatory provisions of Section 50 and 52 of ND.P.S. Act have not been complied with in the right manner. Criminal history of the applicant has been explained in para 15 of the affidavit. The applicant is languishing in jail since 07.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the bail prayer of the applicant.
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 (supra), 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.
The bail application is allowed.
Let the applicant, Sharukh @ Gullu be released on bail in Case Crime No. 0372 of 2022, under Sections 8/20 N.D.P.S Act, P.S. Vijay Nagar, District Ghaziabad on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.8.2022
Neetu
