Allahabad High Court
Rohit Alias Banti vs State Of U.P. on 6 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:80820
Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14435 of 2024
Applicant :- Rohit Alias Banti
Opposite Party :- State of U.P.
Counsel for Applicant :- Asharaphee Lal,Dheeraj Vishwakarma
Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed today on behalf of the applicant, is taken on record.
2. Heard Sri Phool Chandra Saroj, Advocate holding brief of Sri Dheeraj Vishwakarma, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.44 of 2024, under Sections 8/22 NDPS Act, Police Station- Shalimar Garden, District Ghaziabad, during pendency of the trial in the court below.
4. According to prosecution case, applicant and one another were arrested and from the possession of the applicant 105 gms. alprazolam tablet was recovered and from the possession of the another accused 106 gms. alprazolam tablet was recovered.
5. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present case and actually nothing incriminating was recovered from his possession.
6. He further submits that from the recovery memo, it reflects that sample of alleged recovered contraband has been drawn at spot and no sample was drawn before the Magistrate and after considering these facts, co-accused Sandeep Kumar Alias Laddu from whose possession 106 gms. alprazolam tablet was recovered has been released on bail by this Court vide order dated 24.04.2024 passed in Criminal Misc. Bail Application No.14491 of 2024.
7. He further submits that however, apart from present case, applicant is having criminal history of a case of theft but he is having no criminal history of N.D.P.S. Act and he is in jail in the present matter since 26.01.2024.
8. Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that sample of alleged recovered contraband has been drawn at spot, not before the Magistrate and co-accused Sandeep Kumar Alias Laddu has been released on bail by this Court vide order dated 24.04.2024.
9. I have heard both the parties and perused the record of the case.
10. As per allegation from the possession of applicant 105 gms. alprazolam was recovered, which is the commercial quantity of alprazolam.
11. Record further suggests that sample of alleged recovered contraband has not been drawn before the Magistrate and after considering the judgment of the Apex Court in the case of Mohammad Khalid and another Vs. State of Telangana 2024 SCC OnLine SC 213, this Court enlarged the co-accused Sandeep Kumar Alias Laddu on bail vide order dated 24.04.2024 and from the possession of the co-accused Sandeep Kumar Alias Laddu 106 gms. alprazolam tablet was recovered and therefore on merits, case of applicant is at par with him.
12. Further, apart from present case, applicant is having criminal history of a case of theft but he is having no criminal history of N.D.P.S. Act and he is in jail in the present matter since 26.01.2024.
13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.
14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
15. Let the applicant- Rohit Alias Banti be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 6.5.2024
Zafar
