Allahabad High Court
Tehseem vs State Of U.P. on 3 December, 2022
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38621 of 2022
Applicant :- Tehseem
Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Rana
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Counter affidavit filed on behalf of the State, is taken on record.
Heard learned counsel for the applicant as well as Sri S.K. Ojha, learned AGA for the State appearing for the State and perused the material placed on record.
By means of the present application, the applicant- Tehseem seeks bail in Case Crime No.1085 of 2022, under Sections 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Sahibabad, District- Ghaziabad, during the pendency of trial.
It is submitted by the learned counsel for the applicant that the applicant is said to have been arrested on 09.07.2022 along with 110 gm of 'light pink powder' (Alprazolam powder). The applicant is innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. No incriminating article has been recovered from the possession of the applicant. There is no independent witness to support the prosecution version. There is no chemical analyst report that the alleged recovery is a contraband article. There is no compliance of mandatory provisions of NDPS Act with regard to search and seizure. Criminal history of four cases has been duly explained in para 11 of the affidavit filed in support of the bail application and in all the cases the accused-applicant has already been enlarged on bail. The applicant is languishing in jail since 09.07.2022 and he deserves to be released on bail. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant on the ground that the recovery is of commercial quantity. The applicant has actively participated in the commission of the aforesaid offence.
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 vs. Shiv Shankar Keshari (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.
Let the applicant- Tehseem, who is involved in the aforementioned case crime be released on bail 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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 3.12.2022
Abhishek Singh
