In considering a bail application under Section 37 of the NDPS Act, the court is not required to record a finding of not guilty but only to determine whether there are reasonable grounds for believing that the accused is not guilty.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55593 of 2022

Applicant :- Sardar Hardeep Singh Alias Harpreet

Opposite Party :- State of U.P.

Counsel for Applicant :- Ronak Chaturvedi

Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Counter affidavit filed on behalf of the State, is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the record.

The instant bail application has been filed on behalf of the

applicant Sardar Hardeep Singh @ Harpreet with a prayer to

release him on bail in Case Crime No.116 of 2020, under

Sections 419, 420, 467, 468, 471, 406, 379, 120-B I.P.C. &

Section 8/22 N.D.P.S. Act, P.S. Kamla Nagar, District Agra

during pendency of the trial.

At the outset, learned counsel for the applicant claimed parity

with co-accused as applicant's name surfaced on account of

statement of co-accused Mannat Karira. In the alleged incident,

co-accused Mannat Karira has been granted bail by coordinate

Bench of this Court vide order dated 26.05.2021. Learned

counsel for the applicant next submits that the applicant having

better case for getting bail on account of parity. Applicant has

no concerned with the alleged offence. Only on the statement of

co-accused, applicant has been implicated in present case.

Applicant has been implicated in two other cases. The applicant

is languishing in jail since 08.07.2021. In case, the applicant is

enlarged on bail he will not misuse the liberty of bail and

cooperate in trial. At the stage of consideration of bail it cannot

be decided whether offer given to the applicant and his consent

obtained was voluntary. These are the questions of fact which

can be determined only during trial and not at the present stage.

In case of prima facie non-compliance of mandatory provision

of Section 50 the accused is entitled to be released on bail

within the meaning of Section 37 of N.D.P.S. Act.

Learned A.G.A. has opposed the bail prayer of the applicant.

The Apex Court in the case of Union of India vs. Shiv

Shankar Keshari (2007) 7 SCC 798 has held that the court

while considering the application for bail with reference to

Section 37 of the Act is not called upon to record a finding of

not guilty. It is for the limited purpose essentially confined to

the question of releasing the accused on bail that the court is

called upon to see if there are reasonable grounds for believing

that the accused is not guilty and records its satisfaction about

the existence of such grounds. But the court has not to consider

the matter as if it is pronouncing a judgment of acquittal and

recording a finding of not guilty.

Considering the facts of the case and keeping in mind, the ratio

of the Apex Court's judgment in the case of Union of India vs.

Shiv Shankar Keshari (2007) 7 SCC 798, larger mandate of

Article 21 of the Constitution of India, the nature of

accusations, the nature of evidence in support thereof, the

severity of punishment which conviction will entail, the

character of the accused-applicant, circumstances which are

peculiar to the accused, reasonable possibility of securing the

presence of the accused at the trial, reasonable apprehension of

the witnesses being tampered with, the larger interest of the

public/State and other circumstances, but without expressing

any opinion on the merits, I am of the view that it is a fit case

for grant of bail.

Let the applicant Sardar Hardeep Singh alias Harpreet, who

is involved in aforesaid case crime, 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

following conditions. Further, before issuing the release order,

the sureties be verified.

(i) The applicant shall not tamper with the evidence or threaten

the witnesses.

(ii) The applicant shall file an undertaking to the effect that he

shall not seek any adjournment on the dates fixed for ev