High Court · 2025

Heard Shri Piyush Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail during the trial in Case Crime No. 414 of 2023, under Section 8/20 of NDPS Act, Police Station Rupaideeha, District Bahraich. Contention of learned counsel for the applicant is that the applicant is innocent and she has falsely been planted by the police. He submits that as per the prosecution story, 2.340 kg. contraband substance i.e. 'Charas' is said to be recovered from the possession of the applicant, though there is no independent public eye witness. He submits that there are three packets, allegedly recovered from the possession of the applicant, whereas only one sample of 20 gm. is taken and, thus, the sample is taken in contravention of the Rules 9 and 10 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (hereinafter referred to 'Rules, 2022'). He further added that the Rule 11 of the Rules 2022 provides that in case of recovery of opium, ganja and charas (hashish), the samples shall not be drawn less than 24 gm. The recovery memo is evident that only 20 gram sample is taken in the matter which goes against the mandatory provision as provided under the Rules, 2022. Referring the aforesaid, he submits that the proceeding of sampling is against the procedure prescribed and, as such all the proceeding vitiates in the eyes of law and this matter will not lead to the punishment. He next added that identically situated co-accused, namely, Damsari Dangi has already been enlarged on bail in Criminal Misc. Bail Application No. 2096 of 2024 vide order dated 11.12.2024 passed by this Court and applicant is seeking parity of the same. He also submits that the applicant has no previous criminal history and she is languishing in jail since 30.11.2023. He submits that the charagesheet has been filed, as such there is no possibility that the applicant would tamper the evidences or threaten the witnesses. He next added that the applicant undertakes that she will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is involved in committing the offence as contraband substance has been recovered from her possession and as such, she is not entitled for bail. Having considered the submissions of learned counsel for the parties and after perusal of the record, it transpires that the applicant is a woman; there is no independent public eye witness of the recovery; only 20 gm. contraband substance is drawn for sampling which is against provision of Rule 11 of the Rules 2022; identically situated co-accused, namely, Damsari Dangi has already been enlarged on bail; the chargesheet has been filed in the matter, therefore, there is no possibility of tampering the evidences or threatening the witnesses by the applicant; the applicant has no previous criminal history, coupled with the fact that she is languishing in jail since 30.11.2023 and she has undertaken that she will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Chandani involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties (one local surety) each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. She shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against her, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 21.1.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard Shri Piyush Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail during the trial in Case Crime No. 414 of 2023, under Section 8/20 of NDPS Act, Police Station Rupaideeha, District Bahraich. Contention of learned counsel for the applicant is that the applicant is innocent and she has falsely been planted by the police. He submits that as per the prosecution story, 2.340 kg. contraband substance i.e. 'Charas' is said to be recovered from the possession of the applicant, though there is no independent public eye witness. He submits that there are three packets, allegedly recovered from the possession of the applicant, whereas only one sample of 20 gm. is taken and, thus, the sample is taken in contravention of the Rules 9 and 10 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (hereinafter referred to 'Rules, 2022'). He further added that the Rule 11 of the Rules 2022 provides that in case of recovery of opium, ganja and charas (hashish), the samples shall not be drawn less than 24 gm. The recovery memo is evident that only 20 gram sample is taken in the matter which goes against the mandatory provision as provided under the Rules, 2022. Referring the aforesaid, he submits that the proceeding of sampling is against the procedure prescribed and, as such all the proceeding vitiates in the eyes of law and this matter will not lead to the punishment. He next added that identically situated co-accused, namely, Damsari Dangi has already been enlarged on bail in Criminal Misc. Bail Application No. 2096 of 2024 vide order dated 11.12.2024 passed by this Court and applicant is seeking parity of the same. He also submits that the applicant has no previous criminal history and she is languishing in jail since 30.11.2023. He submits that the charagesheet has been filed, as such there is no possibility that the applicant would tamper the evidences or threaten the witnesses. He next added that the applicant undertakes that she will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is involved in committing the offence as contraband substance has been recovered from her possession and as such, she is not entitled for bail. Having considered the submissions of learned counsel for the parties and after perusal of the record, it transpires that the applicant is a woman; there is no independent public eye witness of the recovery; only 20 gm. contraband substance is drawn for sampling which is against provision of Rule 11 of the Rules 2022; identically situated co-accused, namely, Damsari Dangi has already been enlarged on bail; the chargesheet has been filed in the matter, therefore, there is no possibility of tampering the evidences or threatening the witnesses by the applicant; the applicant has no previous criminal history, coupled with the fact that she is languishing in jail since 30.11.2023 and she has undertaken that she will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Chandani involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties (one local surety) each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. She shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against her, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 21.1.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench