Kaushar Shekh vs State Of U.P.
2023 Latest Caselaw 32 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 75
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47787 of 2022
 

 
Applicant :- Kaushar Shekh
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State-opposite party.

The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 168 of 2022, under Sections 8/22/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, Police Station G.R.P. Cantt., District Varanasi during the pendency of the trial.

It is contended that the applicant has been falsely implicated in the instant case. The aforesaid case has been registered on the basis of alleged recovery of 190 bottles of Phensedyl New Cough Linctus. Leaned counsel for the applicant has relied upon a judgment of a Division Bench of this Court in the case of Vibhor Rana v. Union of India, 2021 Supreme (All) 1129, wherein it has been held that Phensedyl New Cough Linctus does not fall within the purview of the N.D.P.S Act. It is further contended that two other co-accused, namely, Sakib Ali and Hasimuddin Momim, from whom 164 and 220 bottles respectively of Phensedyl New Cough Linctus are alleged to have been recovered, have already been granted bail by this Court vide orders dated 19.09.2022 and 19.10.2022 passed in Criminal Misc. Bail Application Nos. 41630 of 2022 and 43484 of 2022 respectively. The applicant is in jail since 17.07.2022 having no criminal history and if he is released on bail, he will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Kaushar Shekh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

1. shall appear on the date fixed by the trial court;

2. shall not tamper with the prosecution evidence; and,

3. shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 2.1.2023

SKT/-