The appellant-Union of India has preferred this appeal against the final judgment and order dated 17.10.2022 passed by the High Court of judicature at 2 Allahabad, allowing Criminal Miscellaneous Bail Application No.21330 of 2022 and directing for the release of the respondent-accused Ajay Kumar Singh @ Pappu on bail.
Since the respondent-accused was in custody and had been directed to be released on bail, this Court on 13.02.2023 while issuing notice on the Special Leave Petition passed an interim order directing the suspension of the impugned order passed by the High Court.
The driver of the vehicle Om Prakash Yadav revealed that he was driving the truck with the co-accused Amit Yadav as helper of one Bittu Dada of Jamshedpur and at the behest of Shri Ram Pravesh Yadav, resident of Ballia, he had gone to Jamshedpur where the acquaintance of respondent-accused gave him the 5 truck which was loaded with ganja for safe delivery in lieu of Rs.50,000/-.
The information revealed by the above two accused persons indicated that both of them knew the respondent-accused and that they had connived with him to transport the illicit ganja and that they were in direct contact with the respondent-accused all through on his mobile number.
The co-accused Om Prakash Yadav in his affidavit filed in support of his bail application before the High Court admitted the involvement of the respondent-accused and his role as the mastermind of the illegal trade, as is evident from the order of his release on bail. Offences to be cognizable and non- bailable.- (1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for 2[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and 8 (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.”
In view of the above provisions, it is implicit that no person accused of an offence involving trade in commercial quantity of narcotics is liable to be released on bail unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such an offence and that he is not likely to commit any offence while on bail.
In the absence of recording of such satisfaction by the court, we are of the opinion that the High Court manifestly erred in enlarging the respondent-accused on bail.
Case Title: UNION OF INDIA Vs. AJAY KUMAR SINGH @ PAPPU (2023 INSC 312)
Case Number: Crl.A. No.-000952-000952 / 2023
