RAKESH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Ayodhya Prasad Mishra (Sri A.P. Mishra), learned counsel for applicant and Sri Ashish Pandey, learned A.G.A. for the State and perused the record.

(2.) This is the third bail application moved on behalf of the applicant. The earlier two bail application Nos.42961 of 2018 and 6989 of 2019 were rejected vide orders dated 18.12.2018 and 26.04.2019 respectively by this Court.

(3.) Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case due to ulterior motive, on the basis of false and planted recovery of 700 grams of heroin has been recovered from the joint possession of accused persons including the applicant and there is no public witness of the alleged recovery. It is further submitted that the name of the applicant has been surfaced in the confessional statement of the co-accused. It is further submitted that the applicant has nothing to do with the alleged crime. It is further contended that mandatory provision of Section 50 of N.D.P.S Act has not been complied with. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandatory provision of Section 50 the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act. The applicant has no criminal history. It is also submitted that the applicant is in jail since 22.2.2018 and he undertakes that he will not misuse liberty, if granted.