The Allahabad High Court has granted bail to one Vinay alias Bhoora, accused of smuggling 5.280 kg ganja.
A single-judge bench of Justice Vivek Varma passed this order while hearing a Criminal Misc bail Application filed by Vinay alias Bhoora.
The bail application, under Section 439 CrPC, has been filed with a prayer to enlarge the applicant on bail in a case under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Magorra, District Mathura during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the case. False recovery of 5.280 kg ganja has been shown from the personal possession of the applicant. There is no independent witness to the recovery. The contraband recovered is below commercial quantity.
It is next contended that the Bolero jeep and the truck from which ganja is alleged to have been recovered belongs to co-accused Mohd Alam. The said confession has been recorded in the first information report.
It is further contended that the co-accused, Irshad and Furkan @ Fukran, have been granted bail by the Court in Criminal Misc Bail Applications vide orders dated 20.12.2022 and 09.12.2022.
It is also contended that the role of the applicant is clearly distinguishable from that of co-accused Mohd Alam.
It is further contended that the procedure of sampling adopted is in violation of Standing Order/ Intimation dated 13.06.1989 issued by Government of India under Section 52-A of NDPS Act.
In all the cases, the applicant has been granted bail by the court concerned. The applicant has been in jail since 04.09.2022. In case he is enlarged on bail, he will not misuse the said liberty.
AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
“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,” the Court observed.
The Court ordered, Let applicant Vinay Alias Bhoora, involved in the aforesaid case 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.