An accused is entitled to bail if the prosecution fails to satisfactorily dispute the submissions made by the accused.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53189

of 2022

Applicant :- Vinay Alias Bhoora

Opposite Party :- State of U.P.

Counsel for Applicant :- Chandrakesh Mishra,Abhishek

Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

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. 219 of 2022, under Section 8/20 of Narcotic Drugs

and Psychotropic Substances Act, 1985, Police Station-

Magorra, District- Mathura during the pendency of trial.

It is submitted that applicant has been falsely implicated in the

instant case. False recovery of 5Kg 280gm Ganja has been

shown from the personal possession of the applicant. There is

no independent witness to the recovery. The contraband

recovered is below commercial quantity. It is next contended

that the bolero jeep and the truck from which Ganja alleged to

have been recovered belongs to the co-accused, Mohd. Alam.

The said confession has been recorded in the first information

report. It is further contended that the co-accused, Irshad and

Furkan @ Fukran, have been granted bail by this Court in

Criminal Misc. Bail Applications No. 49511 of 2022 and 56240

of 2022 vide orders dated 20.12.2022 and 09.12.2022. It is next

contended that the role of the applicant is clearly

distinguishable from that of co-accused, Mohd. Alam. It is

further contended that the procedure of sampling adopted is in

violation of Standing Order/ Intimation No. 01 of 1989 dated

13.06.1989 issued by Government of India under Section 52-A

of N.D.P.S. Act. The criminal history of the applicant has been

explained in para no. 17, 18 and 19 of the affidavit. In all the

cases, the applicant has been granted bail by the court

concerned. The applicant is in jail since 04.09.2022. 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.

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- Vinay Alias Bhoora, involved in the

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

Aditya

Digitally signed by :-

ADITYA KUSHWAHA

High Court of Judicature at Allahabad