HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on 25.06.2021
Delivered on 06.07.2021
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42092 of 2020
Applicant :- Dheeraj Kumar Shukla
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla, Arya Suman Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1. Keeping in view the Pandemic (COVID-19), the case is taken up through video conferencing.
2. Heard Mr. Rajiv Lochan Shukla, learned counsel for the applicant and Mr. Virendra Kumar Maurya, learned Additional Government Advocate assisted by Mr. Prashant Kumar Singh, learned Brief holder appearing on behalf of State of U.P. through video conferencing and perused the material placed on record.
3. By means of this application, the applicant, who is involved in Case Crime No. 0532 of 2020, under sections 8/20 of Narcotic Drugs & Psychotropic Substances Act, police station Jhunsi, district Prayagraj, is seeking enlargement on bail during the pendency of trial.
4. In Nutshell, The Facts Which Led To The Prosecution Of Accused Are That On 23.6.2020 Informant (Sub Inspector Ranendra Kumar Singh, UP S.T.F. Field Unit Prayagraj) Lodged First Information Report At Police Station Jhusi, District Prayagraj Against Four Accused Persons, Namely, Dhiraj Kumar Shukla (Applicant), Praveen Maurya Alias Punit Maurya, Dhiraj Maurya And Rishabh Kumar Alleging Inter Alia That On 23.6.2020, He Along With Other Police Personnel Were Busy In The City Area For Collecting Information Regarding Illicit Trafficking Of Narcotics Substance And Criminals Declared As Wanted, Where He Received Information Through Informer That Some Persons Are About To Come At Jhunsi Near Trivenipuram Gate On Vehicle With Illegal And Suspicious Goods, If Quick Action Be Taken, They Can Be Caught. On Such information, he after giving information to higher officers proceeded for the place of occurrence along with informer and other police personnel and reached at Trivenipuram gate, Jhunsi through Nyay Nager Crossing. Effort was made to persuade the local persons to become witness, but due to fear no body became ready. Thereafter, they walked towards railway crossing and reached on the bridge and started waiting there. After some time, they saw that two vehicles white coloured Swift Dzire car and grey coloured Honda City car were coming. On the indication of informer, said vehicles were caught by the police team using necessary force and persons sitting in the vehicles were pulled out. On questioning, they disclosed about transportation of illegal Ganja in the said vehicles. On interrogation, the apprehended accused persons, who were sitting in Honda City car, disclosed their names as Praveen Maurya alias Punit Maurya (owner), Rishabh Kumar (Driver) and Dhiraj Maurya, whereas person, who was driving Swift Dzire car disclosed his name as Dheeraj Kumar Shukla (applicant). The accused were enlightened about their legal rights to be searched before a Gazetted Officer, to which they declined and gave their consent saying that informant may take their search. Accordingly, they were searched, but no contraband was recovered from their personal search, except mobile phones and some cash amount etc.
saving score / loading statistics ...