Allahabad High Court
Jannoor Ahamad vs State Of Up And 3 Others on 20 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:90159
Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16738 of 2024
Applicant :- Jannoor Ahamad
Opposite Party :- State Of Up And 3 Others
Counsel for Applicant :- Ajay Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
1. Heard Sri Ajay Kumar Mishra, learned counsel for the applicants and Dr. S.B.Maurya, learned AGA-I, for the State.
2. The instant bail application has been moved on behalf of the applicants with the prayer to release them on bail in Case Crime No.205 of 2024, under Section 8/20b(ii)B NDPS Act, Police Station Kankarkheda, District Meerut during pendency of the trial.
3. According to the prosecution case, applicants and co-accused Rizwan were apprehended and from their possession 51kg ganga was recovered along with Rs.67200/- and from individual possession of applicant no.1, 11kg ganga and from applicant nos.2 to 4, 10kg each ganja were recovered.
4. Learned counsel for the applicants submits that on the basis of false allegation applicants have been made accused in the present matter and actually nothing incriminating was recovered from their possession.
5. He further submits that however alleged total recovered ganja involves commercial quantity but individual recovery of ganja from each applicants does not involve commercial quantity.
6. He further submits that even from the perusal of the FIR it reflects that the sample of the alleged contraband has been drawn at spot and no sample was drawn before the Magistrate and, therefore, it appears that sample of alleged recovered ganja has been drawn in contravention of the provisions of Section 52A NDPS Act.
7. He placed reliance on the judgment of the Apex Court in the case of Mohammed Khalid and another Vs. State of Telangana, 2024 SCC OnLine SC 213 and submits that conviction of applicant appears to be quite improbable in the present matter.
8. He further submits that applicants are not having any previous criminal history and they are in jail since 23.3.2024.
9. Per contra, learned AGA however, opposed the prayerfor bail and submitted that from the possession of applicants and co-accused Rizwan total 51kg ganja was recovered which is the huge commercial quantity but could not dispute the fact that from the individual possession of each applicants non commercial quantity of ganja was recovered.
10. He further could not dispute the fact that sample of the alleged recovered ganja has been drawn at spot and no sample was drawn before the Magistrate concerned.
11. Learned AGA further could not dispute the fact that applicants are not having any criminal history to their credit.
12. I have heard learned counsel for the parties and perused the record of the case.
13. However, as per allegation, from the possession of applicants and co-accused Rizwan total 51kg ganja was recovered which is commercial quantity but from individual possession of applicant no.1, 11kg ganja was recovered and from individual possession of applicant no.2 to 4, 10kg each ganja was recovered and, therefore, it appears that from the individual possession of the applicants non commercial quantity of ganja was recovered.
14. Further, even from the perusal of the FIR it reflects that the sample of the alleged recovered contraband has been drawn at spot and there is no evidence, which can show that the sample of the alleged contraband was drawn before the Magistrate concerned and this fact could not be disputed by the learned AGA and, therefore, in view of the observation made by Apex Court in the case of Mohammed Khalid (supra), on which reliance was placed by the learned counsel for the applicants the chances of conviction of applicants in the present case appears to be quite remote, therefore, this Court can infer for the purposes of bail that applicants are not guilty.
15. Further, applicants are not having any criminal history and, therefore, it cannot be said that after release on bail applicants would again commit such offence.
16. Further, applicants are in jail in the present matter since 23.3.2024.
17.Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail.
18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
19. Let the applicant-Jannoor Ahmad, Mohammad Alim, Khurram and Ashif 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted.
(ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity.
20. 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 applicants.
Order Date :- 20.5.2024
SKM
