Ravi Khan vs State of U.P.

Het Singh Yadav,J.

Supplementary affidavit filed on behalf of the applicant is taken on record.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

Learned counsel for the applicant argued that the applicant has been falsely implicated in this case by the police showing the recovery of 150 Grams. of Smack from his possession. There is no public witness of the alleged recovery. The arresting Officer has not complied with mandatory provisions of section 50 of the N.D.P.S. Act. The police has also falsely implicated the applicant in other cases of police encounter and alleged recovery of illicit fire arm etc. Learned counsel for the applicant further submitted that the quantity of the alleged contraband is below the commercial quantity. Therefore, the applicant who is in jail since 24.04.2013 without committing any offence deserves to be enlarged on bail.

Learned A.G.A. strongly repudiates the submission made as above and submitted that the applicant was found in possession of illicit contraband substance within the commercial quantity and therefore his bail application is liable to be rejected.

Considering the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides and on perusal of record, the court is of the view that the applicant deserves to be enlarged on bail.

Let the applicant, Ravi Khan who is involved in case crime No. 101 of 2013, under sections 8/21/25 of N.D.P.S. Act, Police StationShivkuti, DistrictAllahabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

(i) He will mark his attendance at Police Stationconcerned once in the first week of every month till the conclusion of his trial.

(ii) He will not intimidate any of the witnesses in any manner.

(iii) He will cooperate in the trial and will remain present before the trial Court on the date fixed in the matter.

(iv) He will not misuse the liberty of the bail and will not repeat any such instance in future.

In case of breach of any of the above conditions, the trial Court will be at liberty to cancel the bail of the applicant.

The trial court shall decide the case expeditiously uninfluenced by the observations made herein above by this Court.