An accused is entitled to bail if the prosecution fails to satisfactorily dispute the accused's submissions that he was falsely implicated, that the recovery of contraband was false, and that the mandatory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not complied with.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54447

of 2022

Applicant :- Ehtishaam

Opposite Party :- State of U.P.

Counsel for Applicant :- Sanjeev Kumar Sharma

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Supplementary affidavit filed today is taken on record.

Despite time granted to the learned A.G.A. to file counter

affidavit on 01.12.2022, no counter affidavit has been filed till

today.

Heard learned counsel for the applicant and Sri Vikas Sahai,

learned AGA for the State-opposite party.

The instant bail application, under Section 439 Cr.P.C., has been

filed with a prayer to enlarge the applicant on bail in Case

Crime No. 413 of 2020, under Section 8/20 N.D.P.S. Act, Police

Station- Bekanganj, District- Kanpur Nagar during the

pendency of trial.

It is submitted that applicant has been falsely implicated in the

instant case. False recovery of 1kg 100 gram Charas has been

shown from the possession of the applicant. There is no

independent witness to the recovery. The mandatory provisions

of N.D.P.S. Act have not been complied with. While weighing

the recovered substance, the police has weighed it along with

polythene and paper, in which it was kept. The police has

deliberately shown the quantity of the alleged narcotics

substance marginally higher in order to add to the gravity of the

offence. There is no F.S.L. report to establish that the substance

recovered is Charas. No accurate scientific instruments were

used for measurement. The criminal history of the applicant has

been explained in para 2 of the supplementary affidavit. The

applicant is in jail since 29.12.2020. In case, he is enlarged on

bail, he will not misuse the said liberty.

Learned AGA has opposed the prayer for bail but could not

satisfactorily dispute the aforesaid submissions from the record.

Perused the material on record.

Having regard to the submissions made but without

commenting on merits of the case, I am of the opinion that the

applicant is entitled to be enlarged on bail.

Let the applicant- Ehtishaam involved in aforesaid case be

released on bail on his furnishing a personal bond and two

sureties each in the like amount to the satisfaction of the court

concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the

prosecution shall be at liberty to move bail cancellation

application before this Court.

Order Date :- 9.1.2023

Sachin Mishra

Digitally signed by :-

SACHIN MISHRA

High Court of Judicature at Allahabad