Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55179 of 2022

Applicant :- Sahanbaz Chaudhary

Opposite Party :- State of U.P.

Counsel for Applicant :- Atul Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Atul Shukla, learned counsel for the applicant and

Tanay Kumar, learned AGA, for the State.

The instant bail application has been filed seeking release of the

applicant on bail in Case Crime No.1060 of 2022, under

Section 8/21 NDPS Act, Police Station Sahibabad, District

Ghaziabad during pendency of the trial.

According to the prosecution case, 110gm. Alprazolam powder

was recovered from the possession of applicant.

Learned counsel for the applicant submits that the entire

allegations made against the applicant are totally false and

baseless and in fact nothing incriminating was recovered from

the possession of applicant and he has falsely been implicated

in the present matter by local police. He further submits that it

is alleged that 110gm. Alprazolam Powder was recovered from

the possession of applicant and commercial quantity of

Alprazolam Powder is 100gm. and, therefore, only 10gm. more

than commercial quantity is said to have been recovered from

the possession of applicant and, therefore, possibility cannot be

ruled out that the alleged recovered contraband is even less then

its commercial quantity.

He next submitted that earlier also applicant has been falsely

implicated by the police in a case relates to Sections 492 and

511 IPC but in this case he has already been released on bail

and applicant is having no criminal history of NDPS. He

further submitted that applicant is in jail in the present matter

since 9.7.2022.

Per contra, learned AGA opposed the prayer for bail and

submits that 110gm Alprazolam Powder was recovered from

the possession of applicant which is more than commercial

quantity.

I have heard learned counsel for the parties and perused the

record of the case.

Although from the possession of applicant, it is alleged that

more than commercial quantity of Alprazolam Powder of

110gm. was recovered but as commercial quantity of

Alprazolam Powder is 100gm. and, therefore, only 10gm. more

than commercial quantity of Alprazolam Powder was recovered

and, therefore, it cannot be ruled out that even less then

commercial quantity of Alprazolam Powder was recovered

from the possession of applicant and applicant is not having

criminal history of NDPS Act although he is having criminal

history of Indian Penal Code in which he has already been

released on bail, therefore, in my view, applicant, who is in jail

since July, 2022, is entitled to be released on bail.

In the light of discussions made above, without expressing any

opinion on the merits of the case, the instant bail application is

allowed.

Let the applicant-Sahanbaz Chaudhary be released on bail in

the aforesaid case on furnishing a personal bond and two

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

concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates

fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade him from disclosing such

facts to the Court or any police officer or tamper with the

evidence.

(iii) The applicant shall not indulge in any criminal and anti-

social activity.

In case of breach of any of the above condition, the prosecution

will be at liberty to move an application before this Court for

cancellation of the bail of the applicant.

Order Date :- 23.1.2023

SKM

Digitally signed by :-

SHRAVANA KUMAR MISHRA

High Court of Judicature at Allahabad