AJIT KUMAR AGRAHARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

(2.) By means of this application, the applicant Ajit Kumar Agrahari, who is involved in Case Crime No. 150 of 2019, under sections 27-A/29 of Narcotic Drugs and Psychotropic Substances Act, section 18-A/27 of Drugs and Cosmetics Act, sections 419, 420, 467, 468, 471, 120-B IPC and sections 63/65 of Copy Right Act, police station Sonauli, district Maharajganj, is seeking enlargement on bail during the trial.

(3.) It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that first information report was lodged on 13.08.2019 against three accused persons, namely, Aftab Khan, Sakeena and Nafis Khan, from whose possession various adulterated drugs have been recovered. Thereafter, in the confessional statement of co-accused Nafis, complicity of present applicant Ajit Kumar Agrahari came into light, as Nafis Khan in his confessional statement disclosed that the recovered drugs were brought by him from Ajit Medical Store, of which the applicant is proprietor. It is next submitted that the applicant is having a valid licence for running his medical shop, under the name and style of Ajit Medical Store. It is also submitted that co-accused, namely, Aftab Khan, Sakeena and Nafis Khan, from whose possession, alleged recovery has been made, have already been granted bail co-ordinate Bench of this Court vide orders dated 06.11.2019, 19.10.2019 and 13.11.2019 in Criminal Misc. Bail Application Nos. 46966 of 2019, 41195 of 2019 and 47969 of 2019 respectively. It is contended that there is no recovery has been shown from the possession of the applicant. It is argued that the applicant has been implicated in one case case being Case Crime No. 293 of 2019, in which also the applicant has been enlarged on bail vide order dated 15.11.2019 in Criminal Misc. Bail Application No. 49298 of 2018. The applicant is facing detention since 03.10.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.