Allahabad High Court
Sanjeet Singh vs State Of U.P. on 5 August, 2022
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21962 of 2022
Applicant :- Sanjeet Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Kamal Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Kamal Kumar Singh, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 145 of 2022, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, Police Station Jeanpur, District Azamgarh during pendency of the trial in the Court below.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Station House Officer of the Police Station against three named accused persons alleging that when the Police had intercepted a Truck on the basis of suspicion, 200 k.g. ganja kept in 20 packets weighing 10 k.g. each was recovered from the cabin of the Truck. Co-accused Shahabuddin was driving the Truck and other two accused persons Ayuub and Sanjeet Singh (the applicant) were found sitting in the driver's cabin.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is working as a Medical Representative in Pharminex India Pvt. Ltd. and he had to travel from Gorakhpur to Azamgarh in connection with his official duties and while he was waiting for a vehicle, he had taken lift in a Truck, which was later on intercepted by the Police and allegedly ganja has been found in the Truck. The applicant was travelling as a passenger in the Truck and he has no concern with the substance recovered in the cabin of the Truck.
5. It has further been stated that the applicant has been falsely implicated in the present case and nothing has been recovered from the possession of the applicant and also that he has no criminal history.
6. The learned counsel for the applicant has submitted that there is no independent witness of the alleged recovery and the mandatory provisions of Sections 42, 50 and 57 N.D.P.S. Act have not been complied with.
7. The learned counsel for the applicant has further submitted that both the other co-accused Sahabuddin and Ayuub have been granted bail by means of an order dated 15.07.2022 passed by this Court in Criminal Misc. Bail Application No. 27848 of 2022 and as such the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 29.03.2022.
8. Per contra, the learned Additional Government Advocate has vehemently opposed the prayer for grant of bail and he has submitted that the other two persons has been granted bail who are merely driver and cleaner of the Truck and it has been stated in the F.I.R. that all the three persons found in the cabin of the Truck had stated that they were going with the Truck to the house of the applicant.
9. Refuting the aforesaid submissions, the learned counsel for the applicant has submitted that the statement of the accused persons recorded by the Police cannot be taken into consideration in view of the Section 67 of the N.D.P.S. Act cannot be relied upon by the prosecution in view of the judgment of the Hon'ble Supreme Court in the case of Tofan Singh Vs. The State of Tamil Nadu, (2013) 16 SCC 31 .
10. Having considered the aforesaid submissions, prima facie, it appears that the applicant was employed as a Medical Representative, that he has no criminal history and that the recovery has been made from the cabin of Truck, in which the applicant was found travelling but the applicant has not been alleged to be the driver or an employee of the owner of the Truck and also considering the fact that the co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be released on bail in the aforesaid case.
11. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.
12. Let the applicant Sanjeet Singh be released on bail in Case Crime No. 145 of 2022, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, Police Station Jeanpur, District Azamgarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
13. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 5.8.2022
Jaswant
