Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54652 of 2022

Applicant :- Gaurjeet Chauhan

Opposite Party :- State of U.P.

Counsel for Applicant :- Vijay Kumar

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.566 of

2022 at Police Station-Shahpur, District-Gorakhpur

under Section 8/22 of the NDPS Act. The applicant is in

jail since 14.10.2022.

The bail application of the applicant was rejected by

learned trial court on 16.11.2022.

The following arguments made by Shri Vijay Kumar,

learned counsel on behalf of the applicant, which could

not be satisfactorily refuted by Shri Paritosh Kumar

Malivya, learned A.G.A.-I from the record, entitle the

applicant for grant of bail:

(1). 120 gram Alprazolam 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 quantity of the prohibited substance is

exaggerated as inaccurate instruments have been used

for weighment.The recovered substance is in fact below

the commercial quantity notified under the NDPS Act.

(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 belong to the

economically poor strata of the society and is

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 cases do not have any bearing on

the instant bail application.

(6). 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.

Learned AGA contends that the applicant has a criminal

history of one more case which has been disclosed in

the bail application.

Rejoining this issue, learned counsel for the applicant

contends that the applicant is in jail and does not have

any effective pairokar. Hence details of the cases could

not be disclosed in the bail application. However,

relying on the records available with the learned AGA

and the instructions received from his client, learned

counsel for the applicant submits that the applicant

belongs to the economically poor strata of the society

and is a convenient scapegoat for the police authorities.

The applicant was falsely framed in the said cases. The

said cases do not have any bearing on the instant case.

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-Gaurjeet Chauhan 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 :- 19.1.2023

Ashish Tripathi

Digitally signed by :-

ASHISH NAYAN TRIPATHI

High Court of Judicature at Allahabad