Allahabad High Court
Durga Prasad Bhuiya vs State Of U.P. on 6 July, 2022
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15941 of 2022
Applicant :- Durga Prasad Bhuiya
Opposite Party :- State of U.P.
Counsel for Applicant :- Saksham Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Saurabh Pandey, Advocate, holding brief of Sri Saksham Srivastava, 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 Durga Prasad Bhuiya with a prayer to release him on bail in Case Crime No.09 of 2022, under Section 8/20 N.D.P.S. Act, 1985, P.S.Hathinala, District Sonbhadra, 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. Allegation in the First Information Report is that three accused persons were carrying Ganja in a car. He next argued that two accused persons namely Achyutnayak & Arun Kumar Durga have been granted bail by coordinate Bench of this Court in Criminal Misc.Bail Application Nos.15981 of 2022 & 16110 of 2022 vide orders dated 26.05.2022. Case of the applicant is similar to the co-accused who have been granted bail by this Court. Learned counsel for the applicant next argued that there is no independent public witness and provision of Sections 50 & 52 of N.D.P.S. Act has not been complied with while arresting the applicant. Applicant having no criminal history except the present case. The applicant is languishing in jail since 26.02.2022. In case, the applicant is enlarged on bail he will not misuse the liberty of bail and cooperate in trial. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandatory provision of Section 50 the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act.
Learned A.G.A. has 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 vs. Shiv Shankar Keshari (2007) 7 SCC 798, 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 Durga Prasad Bhuiya, be released on bail in Case Crime No.09 of 2022, under Section 8/20 N.D.P.S. Act, 1985, P.S.Hathinala, District Sonbhadra, 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 :- 6.7.2022/SKD
