In Chamber

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12077 of

2020

Applicant :- Pintu Kumar Singh

Opposite Party :- State of U.P.

Counsel for Applicant :- Ajay Kumar Singh,Sarita Singh

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. 11 of 2020, under Section 8 of 20 of Narcotic Drugs

and Psychotropic Substances Act, 1985, P.S. Line Bazar,

District Jaunpur (for short NDPS Act).

The allegation against the applicant in the first information

report is that the applicant was carrying 64.500 kilo grams

ganja. 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 requirement of Section 50 of the NDPS Act. It

has been further pleaded that the applicant has been falsely

implicated in the present case due to ulterior motive and

narration of the first information report is cooked up 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 20.01.2020.

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 Pintu Kumar Singh 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,

Pintu Kumar Singh 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 :- 18.5.2020

Sanjeev