Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3005 of

2023

Applicant :- Lalu Pal@ Premdeep

Opposite Party :- State of U.P.

Counsel for Applicant :- Pankaj Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

By means of this bail application the

applicant has prayed to be enlarged on bail

in Case Crime No. 625 of 2022 at Police

Station- Subhash Nagar, District- Bareilly

under Section 8/15B of the NDPS Act. The

applicant is in jail since 15.10.2022.

The bail application of the applicant was

rejected by the learned trial court on

23.11.2022.

The following arguments made by Shri

Pankaj Mishra, learned counsel on behalf

of the applicant, which could not be

satisfactorily refuted by Shri Markandey

Singh, learned AGA from the record,

entitle the applicant for grant of bail:

(1). 5 kg. Doda powder was planted on the

applicant to implicate him in this case to

burnish the credentials of the police

authorities.

(2). There is no independent witness to the

recovery.

(3). The commercial quantity of Doda

powder is 50 kg. notified under the NDPS

Act. The recovered substance is below the

said quantity.

(4). The search and seizure has been made

in violation of the mandatory provisions of

the NDPS Act.

(5). The applicant has explained his

criminal history. It is contended that the

applicant belongs to the economically poor

strata of the society and is a convenient

scapegoat for the police authorities. The

applicant has been falsely nominated in a

number of cases only to show the

proficiency of the police investigators. The

said criminal cases do not depict

commission of any heinous crime and do

not have any bearing on the instant bail

application.

(6). Sri Markandey Singh learned AGA

contends that no instructions have been

forthcoming.

Liberty of citizens is too sacrosanct and

cannot be held to ransom by apathy of the

police officials. There is no cause for

failing to provide instructions to the

learned Government Advocate despite

advance notice of the bail application.

Superintendent of Police, Bareilly to take

appropriate action against the police

officials who failed to provide timely

instructions to the learned Government

Advocate despite advance notice of bail

application and violating the directions of

this Court in Sahil Vs. State of U.P.

(Criminal Misc. Bail Application No. 19839

of 2021) as well as in Aditya Dubey alias

Sachin Vs. State of U.P. (Criminal Misc.

Bail Application No. 17969 of 2022) and

the consequential orders passed by the

Director General of Police, Government of

U.P, Lucknow.

(7). The applicant is not a flight risk. The

applicant being a law abiding citizen has

always cooperated with the investigation

and undertakes to cooperate with the court

proceedings. There is no possibility of his

influencing witnesses, tampering with the

evidence or reoffending.

In the light of the preceding discussion and

without making any observations on the

merits of the case, the bail application is

allowed.

Let the applicant- Lalu Pal@ Premdeep be

released on bail in the aforesaid case

crime number, on furnishing a personal

bond and two sureties each in the like

amount to the satisfaction of the court

below. The following conditions be imposed

in the interest of justice:-

(i) The applicant will not tamper with the

evidence or influence any witness during

the trial.

(ii) The applicant will appear before the

trial court on the date fixed, unless

personal presence is exempted.

Order Date :- 23.1.2023

Pravin

Digitally signed by :-

PRAVIN VERMA

High Court of Judicature at Allahabad