The Allahabad High Court has granted conditional bail to Gopal Singh, accused of smuggling 4.03 quintals of ganja.
A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Application filed by Gopal Singh.
The application has been filed seeking release of the applicant on bail in Case under Sections 8/20/29/60 NDPS Act, Police Station- Mirzamurad, District Varanasi, during pendency of the trial in the court below.
According to the prosecution case, applicant and four others were apprehended by the police when they were moving from two vehicles and from both the vehicle total 4.03 quintal ganja was recovered. From perusal of the FIR, it further reflects that from the vehicle, in which applicant was sitting 107 Kg ganja was recovered.
Counsel appearing on behalf of applicant submitted that applicant is innocent and on the basis of false allegation, he has been accused in the matter and actually nothing incriminating has been recovered from his possession.
He further submitted that along with the applicant co-accused Vinod was also apprehended but after considering the fact that there was violation of section 52A of NDPS Act, the Court enlarged him on bail vide order dated 18.4.2024 passed in Bail Application and case of applicant is at par with him.
He also submitted that the applicant does not have any criminal history and in the matter, he has been in jail since 14.02.2024.
Per contra, AGA however opposed the prayer for bail and submitted that from the possession of the applicant and other co-accused persons, huge commercial quantity of ganja was recovered but could not dispute the fact that sample of the alleged recovered contraband has not been drawn before the Magistrate and after considering this fact co-accused Vinod has already been released on bail by the Court.
“However as per allegation from the possession of the applicant and other accused persons huge commercial quantity of ganja alleged to have been recovered but it appears that sample of the alleged recovered contraband has not been drawn before the Magistrate and after considering entire facts in detail co-accused Vinod has been released on bail by this Court and case of the applicant is at par with him.
Further, the applicant does not have any previous criminal history and in the matter applicant has been in jail since 14.02.2024.
Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail”, the Court observed while allowing the bail application
The Court ordered that,
Let the applicant-Gopal Singh, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
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