Abhishek Kumar Shakya vs State Of U.P.
2024 Latest Caselaw 15289 ALL

Allahabad High Court

Abhishek Kumar Shakya vs State Of U.P. on 2 May, 2024

Author: Pankaj Bhatia

Bench: Pankaj Bhatia

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78633
 
Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18848 of 2023
 

 
Applicant :- Abhishek Kumar Shakya
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Arvind Kumar,Lal Dhari Rajbhar,P.K. Singh
 
Counsel for Opposite Party :- G.A.
 
connected with
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21473 of 2023
 

 
Applicant :- Anuj Jain
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Raghuvansh Misra,Vinay Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.
 

1. Heard learned counsel for the applicants, learned AGA for the State and perused the record.

2. The applicants seek enlargement on bail in FIR/ Case Crime No.226 of 2023, under Sections 18A/27 Drugs and Cosmetic Act read with Sections 274, 275, 276 IPC, P.S.- Kurawali, District- Mainpuri.

3. In terms of the F.I.R. lodged, it was alleged that based upon recovery of certain drugs, which were recovered from the applicant and his further statement that he was intending to sell the said drugs to the other co-accused Anuj Jain, the applicants were proposed to be tried for an offence under Section 18A read with Section 27 of the Drugs and Cosmetics Act, 1940 and for offences under Sections 274, 275, 276 of the I.P.C.

4. The neat submission of the counsel for the applicants is that prosecution can be resorted to only in terms of the mandate of Section 32 of the Drugs and Cosmetic Act that too by the persons, who are specified under the said section, the police officer cannot prosecute the offenders in regard to such offences. Reliance is placed upon judgment of the Supreme Court in the case of Union of India Vs. Ashok Kumar Sharma and Others (2021) Vol. 12 SCC 674.

5. Learned A.G.A. for the State vehemently opposed the bail prayer.

6. Considering the submissions made at the bar and in view of the conclusions as recorded in Para no.150 of the said judgment of the Supreme Court, prima facie, the F.I.R. at the instance of the police personnel may not sustain the scrutiny of law. Further more, the applicants have no criminal antecedents and are in custody since 18.03.2023, in view thereof and for the reasonings recorded above and there is nothing on record to demonstrate that the applicants if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicants are entitled to be released on bail.

7. Accordingly, the bail application is allowed.

8. Let the applicants- Abhishek Kumar Shakya and Anuj Jain be released on bail in FIR/ Case Crime No.226 of 2023, under Sections 18A/27 Drugs and Cosmetic Act and Section 274, 275, 276 IPC, P.S.- Kurawali, District- Mainpuri, on their furnishing personal bonds and two reliable sureties of Rs. 20,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicants shall execute a bond to undertake to attend the hearings;

(b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and

(c) The applicants shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

Order Date :- 2.5.2024

SP/-