Allahabad High CourtShri Krishna Yadav vs State Of U.P. on 1 June, 2021Bench: Syed Aftab RizviHIGH COURT OF JUDICATURE AT ALLAHABAD\n \n \n\n?Court No. - 52\n \n\n \nCase :- CRIMINAL MISC. BAIL APPLICATION No. - 17517 of 2021\n \nApplicant :- Shri Krishna Yadav\n \nOpposite Party :- State of U.P.\n \nCounsel for Applicant :- Jitendra Singh\n \nCounsel for Opposite Party :- G.A.\n \n\n \nHon'ble Syed Aftab Husain Rizvi,J.Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. A false and planted recovery of 2.5 kg Ganja has been shown by the police from the possession of the applicant which is much below the commercial quantity. The mandatory provisions ofN.D.P.S. Acthas not been complied with by the police. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no independent witness of recovery. There is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 9.11.2020, hence, he is entitled to bail.Per contra, learned A.G.A. vehemently opposed the prayer for bail and submitted that 2.5 Kg Ganja has been recovered from the possession of the accused applicant, but could not dispute the factual submissions made by learned counsel for the applicant.Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and considering the rival submissions of the learned counsel for the parties, without commenting any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.Accordingly, the bail application is allowed.Let the applicant - Shri Krishna Yadav involved in Case Crime No. 537 of 2020, underSections 8/20of N.D.P.S. Act, P.S.- Khutar, District - Shahjahanpur, released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;1. The applicant shall not tamper with the evidence or threaten the witnesses.2. During trial, he shall not indulge in any criminal activities.3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.The computer generated copy of such order shall be self attested by the counsel of the party concerned.The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.Order Date :- 1.6.2021\n \nArif