Allahabad High Court
BAIL/47189/2020 of KAPIL TRIPATHI Vs State of U.P. on 18 December 2020
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47189 of 2020 Applicant :- Kapil Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J. Heard learned counsel for the applicant and learned A.G.A. Perused the
Arguments
Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47189 of 2020
Applicant :- Kapil TripathiOpposite Party :- State of U.P.Counsel for Applicant :- Ashok Kumar SinghCounsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicant and learnedA.G.A. Perused the record.
This application has been filed seeking the release of theapplicant on bail in Case Crime No. 0166 of 2020, underSection 20, 21 N.D.P.S. Act, P.S. Kalyanpur, DistrictKanpur Nagar.
Submission of learned counsel for the applicant is that thequantity of the contraband shown to be recovered from thepossession of the applicant is 55 grams smack which issaid to be below commercial quantity. The contention isthat the police has deliberately shown the amountexaggeratedly just in order to add to the gravity of theoffence. It has also been pointed out that the applicant isjail since 15.03.2020. Other submissions assailing the thetruthfulness of the prosecution story with regard to therecovery have also been made. Further contention is thatthe statutory provisions of the Narcotic Drugs andPsychotropic Substances Act, 1985 have not beencomplied with in true letter and spirit, and therefore, thelegal sanctity of the alleged recovery stands vitiated. Thecounsel has also tried to demonstrate the circumstancesindicating the false implication of the applicant. Malicebehind the prosecution has also been pleaded during thecourse of the arguments placed on behalf of the accused.
Learned A.G.A. opposed the prayer for bail.
After perusing the record in the light of the submissionsmade at the bar and after taking an overall view of all thefacts and circumstances of this case, the nature ofevidence, the period of detention already undergone, theunlikelihood of early conclusion of trial and also theabsence of any convincing material to indicate thepossibility of tampering with the evidence and larger mandate of the Article 21 of the Constitution of India andthe law laid down by the Hon'ble Apex Court in the case ofDataram Singh vs. State of UP and another, reported in(2018) 3 SCC 22, this Court is of the view that theapplicant may be enlarged on bail.
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Let the applicant- Kapil Tripathi involved in Case CrimeNo. 0166 of 2020, under Section 20, 21 N.D.P.S. Act, P.S.Kalyanpur, District Kanpur Nagar. be released on bail onhis executing a personal bond and two sureties each in thelike amount to the satisfaction of the court concerned onthe following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and everydate fixed in the court below and his personal presenceshall not be exempted unless the court itself deems it fit todo so in the interest of justice.
(3) The applicant shall cooperate in the trial sincerelywithout seeking any adjournment.
(4) The applicant shall not indulge in any criminal activityor commission of any crime after being released on bail.
(5) The party shall file computer generated copy of suchorder downloaded from the official website of High CourtAllahabad or certified copy issued from the Registry of theHigh Court, Allahabad.
(6) The concerned Court/Authority/Official shall verify theauthenticity of such computerized copy of the order fromthe official website of High Court Allahabad and shallmake a declaration of such verification in writing.
It may be observed that in the event of any breach of theaforesaid conditions, the court below shall be at liberty toproceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in thisorder are strictly confined to the disposal of the bailapplication and must not be construed to have anyreflection on the ultimate merits of the case.Order Date :- 18.12.2020Monika
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