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2023 DIGILAW 2647 (ALL)

Paleshwar Kumar @ Nepali v. State of U. P.

2023-11-23

UMESH CHANDRA SHARMA

body2023
JUDGMENT : 1. Heard learned counsel for the applicant, learned AGA for the State-opposite party and perused the record. 2. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 377 of 2023, under Section 8/ 18 N.D.P.S. Act, Police Station-T.P. Nagar, District-Meerut, during the pendency of trial. 3. Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. The alleged recovery of 2.96 kg opium shown by the police is false and planted, as there is no independent witness of the same. The alleged contraband is recovered from the bag which was possessed by the co-accused. In terms of N.D.P.S. Act, the allegedly recovered substance is below commercial quantity as the same was recovered from the joint possession of the applicant and co-accused. The mandatory provisions of N.D.P.S. Act have not been complied with. There is no F.S.L. report to establish that the substance recovered is 'opium'. There is no previous criminal history of the applicant. The applicant is in jail since 01.10.2023, in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant-Paleshwar Kumar @ Nepali, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he : (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.