Allahabad High Court
Farman vs State Of U.P. on 21 July, 2022
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21929 of 2022
Applicant :- Farman
Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Bharti
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Pankaj Bharti, the learned counsel for the applicant, Sri Kamlesh Kumar Nishad, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 335 of 2021, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Mirzapur, District Muzaffar Nagar.
The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of police alleging recovery of 2400 Kg of Bhang from four named accused persons.
The learned counsel for the applicant has submitted that Bhang is not covered by the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the applicant has wrongly been charged with offences under 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He has placed reliance on a judgment rendered by a Co-ordinate Bench of this Court in Samid Vs. State of U.P. reported in 1995 (32) ACC 600, wherein this Court has held that Bhang is not covered under the Narcotic Drugs and Psychotropic Substances Act, 1985.
The learned counsel for the applicant has submitted that all the three co-accused persons namely Shamshad, Javed and Mudassir have already been granted bail by this Court vide orders dated 05-05-2022 and 23-05-2022 passed in Criminal Misc. Bail Application Nos. 6519 of 2022 and 20124 of 2022 respectively.
It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity.
It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 24.12.2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.
Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
Let the applicant - Farman be released on bail in Case Crime No. 335 of 2021, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Mirzapur, District Muzaffar Nagar on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 21.7.2022
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