In Chamber

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12572 of 2020

Applicant :- Shiv Prakash Yadav

Opposite Party :- State of U.P.

Counsel for Applicant :- Shibli Naseem

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.

The defect reported by the Stamp Reporter does not got to the

root of the matter and, therefore, the bail application of the

applicant is being considered on its own merit.

Perused the records as well as written objection filed on behalf

of the State.

The applicant is seeking bail in connection with case crime no.

04 of 2020, under Section 8 of 21 of Narcotic Drugs and

Psychotropic Substances Act, 1985, P.S. GRP District Jaunpur

(for short NDPS Act).

The allegation against the applicant in the first information

report is that on getting information from the reliable informer,

the police arrived at the railway station where two suspects

were trying to run away but were ultimately nabbed by the

police and taken into custody and from whose possession a

psychotropic substance, namely alprazolam powder to the tune

of 105 and 108 grams respectively have been recovered. Both

the accused disclosed their name as Shiv Prakash Yadav and

Suresh @ Billu and it is applicant Shiv Prakash who has filed

present bail application.

It has been pleaded in the affidavit filed in support of the bail

application that there is no independent eye witness account to

the recovery and the prosecution has not complied with the

mandatory procedural requirement of Section 50 of the NDPS

Act. The laboratory report of the alleged recovery has yet not

been received to prosecute the applicant with the aforesaid

charge. In the written objection filed on behalf of the State, it is

alleged that there is one more criminal case to the credit of the

applicant in connection with case crime no. 124 of 2019 under

Section 379 and 411 IPC, however the State has failed to

disclose the status. The applicant is in jail since 16.01.2020.

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 Shiv Prakash Yadav 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,Shiv Prakash Yadav 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 :- 5.5.2020

Sanjeev