Santosh Verma Pradhan vs State Of U.P. Thru. Prin. Secy. Home, ...

1. Heard Shri Vishwa Nath Singh, learned counsel for the accused-applicant, as well as learned A.G.A. for the State, and perused the record.

2. This bail application has been moved by the accused/applicant- Santosh Verma Pradhan for grant of bail in Case Crime No.0145 of 2023, under Sections 8/21C/25/29/60(3) of the N.D.P.S. Act lodged at Police Station Ramsanehighat, District Barabanki, during trial.

3. Learned counsel for the accused-applicant submits that the accused-applicant has not committed any offence and no contraband has ever been recovered from his possession and his complicity in the crime has only been shown on the basis of confessional statement of co-accused, Manoj Verma, who is son of the accused-applicant. It is further submitted that disclosure of name of the accused-applicant by his son, namely, Manoj Verma is highly suspicious and could not be believed in absence of any disclosure statement of co-accused, Manoj Verma and nothing has been shown either in the first information report or in the statement of any witness as to why the disclosure statement or confessional statement of the co-accused, Manoj Verma in view of provision of Section 67 of the N.D.P.S. was not recorded. It is further submitted that prior to the instant case, on similar allegations a first information report was lodged by the police against two accused persons, namely, Harjeet and Asharam from whose possession heroin to the tune of 350 and 410 grams respectively were shown to have been recovered and identical allegations of indulging in the transportation and selling of the contraband were levelled against the accused-applicant, however, in that case the accused-applicant was granted bail by a coordinate Bench of this Court vide order dated 04.07.2023 passed in Criminal Misc. Bail Application No. 8237 of 2023 and the involvement of the accused-applicant had been shown in that case in which there was no material or evidence collected by the police party, and on similar allegations involvement of the accused-applicant has been shown with regard to the instant case.

4. It is further submitted by the learned counsel for the accused-applicant that apart from alleged confessional statement of co-accused, Manoj Verma, mentioned in the recovery memo, there is no iota of evidence or material collected by the investigating officer against the instant accused-applicant and there is no evidence with regard to any criminal conspiracy or of involvement of the accused-applicant into any trade with regard to narcotic drugs and psychotropic substance. The accused-applicant is in jail in this case since 13.04.2023. The criminal history of the two earlier cases have been explained in paragraph-13 of the rejoinder affidavit and having regard to the fact that complicity of the accused-applicant was shown of only having conspiracy, the accused-applicant was granted bail in both the cases and there is no apprehension that after being released on bail they may flee from the course of law or may otherwise misuse the liberty.

5. On the other hand, learned A.G.A. submits that 500 grams of smack from possession of co-accused, Manoj Verma, who, on being asked, informed the police party that before two days of the instant incident, the accused-applicant had sent Asharam and Harjeet along with some amount of smack and when they were apprehended, his father informed him to get rid of the smack which is stored in his house and it is on account of the directions given by his father, he was transporting the smack. Thus, having regard to the provisions of Section 37(1)(b) of the N.D.P.S. Act, the accused-applicant is not entitled to be enlarged on bail.

6. Having heard learned counsel for the parties and having perused the record, though it is reflected that accused-applicant was previously arrayed as accused in two cases pertaining to the N.D.P.S. Act, however, in both these cases the accused-applicant has been granted bail. In one of such cases, the complicity of the accused-applicant was shown to have surfaced on account of confessional statements of two co-accused persons and he was not apprehended with possession of any contraband or psychotropic substance. So far as the instant case is concerned, it is the accused, Manoj Verma, who is son of the accused-applicant, who has been apprehended by the police with 500 grams of smack and he is in jail in this case and it is only on account of alleged confessional statement given by accused, Manoj Verma, the complicity of the accused-applicant shown to have surfaced in the crime.

7. Significantly, no confessional statement of co-accused, Manoj Verma, as provided under Section 67 of the N.D.P.S. Act, has been recorded by the police. Even any other statement of co-accused, Manoj Verma has not been recorded which may be termed as a statement under Section 67 of the N.D.P.S. Act and reference of a confessional statement has been given in the recovery memo/FIR and it is only on the basis of that the complicity of the accused-applicant has been shown in this crime. Certainly collecting the evidence/material with regard to the criminal conspiracy is not easy, but at-least there must be some substance/material and evidence which may even prima facie involve any person with regard to any conspiracy. In this case, even statement of co-accused, Manoj Verma has not been separately recorded or, if recorded, the same has not been placed on record along with counter affidavit filed by the State. Thus, in support of the allegation of criminal conspiracy, there is only and only a reference given in the recovery/arresting memo and it is in this background it is vehemently submitted on behalf of the accused-applicant that only on account of this reference the involvement of the accused-applicant in the transportation of the contraband may bot be justified. The accused-applicant is in jail in this case since 13.04.2023. Criminal history of the accused-applicant has been adequately explained and in view of the fact that the involvement of the accused-applicant is shown on the basis of the alleged confessional statement of the co-accused, Manoj Verma and his statement has not been separately recorded, in the considered opinion of this Court the twin conditions, as provided under Section 37(1)(b) of the N.D.P.S. Act, stand satisfied. Charge sheet in this case has also been filed and the presence of the accused-applicant may be secured before the trial court by placing adequate conditions.

8. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

9. Let the accused/applicant-Santosh Verma Pradhan, involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

11. Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

12. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

Order Date :- 7.8.2023

MVS/-