Court No. - 66

Case :- CRIMINAL MISC. BAIL

APPLICATION No. - 31112 of 2021

Applicant :- Jitendra Singh

Opposite Party :- State of U.P.

Counsel for Applicant :- Agni Pal Singh

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Heard Sri Agni Pal Singh, learned counsel for the

applicant and Sri I.P. Srivastava, learned AGA

for the State.

A first information report was lodged against the

applicant as Case Crime No. 0350 of 2020 at

Police Station-Sikandra District-Ram Bai Nagar

on 28.12.2020 under Sections 8/20/22/23/25/60

of the NDPS Act.

The bail application of the applicant was rejected

by learned Special Judge (NDPS Act), Ram Bai

Nagar (Kanpur Dehat) on11.01.2021.

The applicant is in jail since 28.12.2020, pursuant

to the said F.I.R.

Sri Agni Pal Singh, learned counsel for the

applicant contends that the applicant has been

falsely implicated in the instant case. False

recovery of 4 kg 150gms of charas has been

shown from the person of the applicant. There is

no independent witness to the aforesaid recovery.

The recovery was made in-violation of

mandatory provisions of Sections 42 and 50 of

the NDPS Act. No forensic science laboratory

report has been submitted which confirms that

the substance allegedly recovered is prohibited

under the NDPS Act. The weight of recovered

substance as stated in the F.I.R. is unreliable as

accurate scientific instruments were not used for

weighment. Learned counsel for the applicant

also explained the criminal history of the

applicant. Lastly it is submitted by Sri Agni Pal

Singh, learned counsel for applicant that the

applicant shall not abscond, and will fully

cooperate in the criminal law proceedings. The

applicant shall not tamper with the evidence nor

influence the witnesses in any manner.

Sri Nafees Ahmad, learned A.G.A could not

satisfactorily dispute the aforesaid submissions

from the record.

Courts have taken notice of the overcrowding of

jails during the current pandemic situation (Ref.:

Suo Motu Writ Petition (c) No. 1/2020,

Contagion of COVID 19 Virus in prisons

before the Supreme Court of India). These

circumstances shall also be factored in while

considering bail applications on behalf of accused

persons.

I see merit in the submissions of Sri Agni Pal

Singh, learned counsel for the applicant and

accordingly hold that the applicant is entitled to

be enlarged on bail.

In the light of the preceding discussion and

without making any observations on the merits of

the case, the bail application is allowed.

Let the applicant- Jitendra Singh be released on

bail in Case Crime No.350 of 2020 at Police

Station-Sikandara District-Kanpur Dehat under

Sections 8/20/22/23/25/60 N.D.P.S. Act, on his

furnishing a personal bond and two sureties each

in the like amount to the satisfaction of the court

below. The following conditions be imposed in

the interest of justice:-

(i) The applicant will not tamper with the

evidence during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial

court on the date fixed, unless personal presence

is exempted.

(iv) 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 to any police officer or tamper with the

evidence.

In case of breach of any of the above condition,

the prosecution shall be at liberty to move bail

cancellation application before this Court.

Order Date :- 23.11.2021

Nadeem