In Chamber

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1413 of

2020

Applicant :- Mukesh Alias Lukka

Opposite Party :- State of U.P.

Counsel for Applicant :- Surendra Prasad Mishra,Manish Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Ajit Kumar,J.

This bail application has been taken up during lock-down

period as an urgent one.

Heard Sri S.P. Mishra, learned counsel for the applicant

and Sri Krishna Pahal, learned Additional Advocate

General assisted by learned Additional Government

Advocate through video conferencing and perused the

records.

The applicant is seeking bail in connection with case crime

no. 581 of 2019, under Section 21/22 of Narcotic Drugs

and Psychotropic Substances Act, 1985, P.S. Gajraula,

District J.P. Nagar (for short NDPS Act).

The allegation against the applicant in the first information

report is that the applicant was carrying psychotropic

substance in the form pills, measured about 86.7 grams

which is less than commercial quantity and was suspected

to be Alprazolam. It is pleaded by the applicant that there

is no independent eye witness account to the recovery and

the prosecution has not complied with the mandatory

procedural requirements of Section 50 of the NDPS Act.

The applicant is a peace loving and law abiding citizen and

has no criminal history except the present one. The

laboratory report of the alleged recovery has yet not been

received to prosecute the applicant with the aforesaid

charge. The applicant is in jail since 17.11.2019.

In view of overall facts and circumstance of the case, the

Court is of the opinion that the applicant is entitled to be

admitted to bail.

Accordingly, applicant namely Mukesh @ Lukka is

admitted to bail. Considering the special circumstances of

the lock-down prevailing in the district concerned

presently and in the light of the directions of this Court in

PIL No. 564 of 2020 dated 06.04.2020, let the applicant,

Mukesh @ Lukka be enlarged on bail in the aforesaid case

crime number on his furnishing a personal bond only to

the satisfaction of the jail authorities, where the applicant

is languishing.

It is further provided that this bail order available on the

official website of the High Court will be taken to be the

authentic one.

However, it is further directed that within period of four

weeks from the date of lifting of the complete lock-down

in the District concerned resulting in resumption of normal

functioning of the Courts in that district, the applicant shall

furnish two sureties each of the like amount to the

satisfaction of the court concerned alongwith certified

copy of this order, failing which the bail granted by this

court shall stand cancelled necessitating surrender of the

applicant.

It is further directed that the applicant shall not misuse the

liberty of bail and shall cooperate with the police/

investigating agency.

Office of the Government Advocate is directed to inform

forthwith about this bail order to the the S.P/S.S.P of the

district concerned for necessary information to the jail

authority where the applicant is languishing.

In view of the aforesaid, the bail application stands

disposed of.

Order Date :- 21.5.2020

Sanjeev