Atibal Singh vs State of U.P.

K. Narayan, J.—This is an application for bail by Atibal Singh said to be involved in a case u/s 18/20 N.D.P.S. Act registered at Crime No. 313 of 1994 P.S. Kalyanpur, District Fatehpur.

It is rather a peculiar case where with a single recovery memo dated 13.12.1994, different articles were recovered from different persons and cases have been separated in a rather peculiar manner. It is alleged in the said memo that one person was carrying card-board package over his head, the other gunny bag and the third had a bag in his hand. The man having card board package was shown as Jai Narayan and the package was shown to contain pouches of country liquor and another article was said to have been recovered from his pocket of trouser which was believed to be Charas weighing 175 Grams. The second was Atibal, the present applicant and from his possession it was shown that a plastic bag containing pouches of country liquor and some 80 grams of Charas was recovered. I will leave the case of third for the present. The material aspect is that in the matter of recovery of the country liquor a case was registered separately at crime No. 312 of 1994 u/s 60 of the U.P. Excise Act and while In respect of alleged recovery of Charas, a separate case was registered.

It is settled law that whenever there are more offences than one committed within the specific period of three months or if it was in one transaction in any manner, they have to be tried together. This aspect need not be gone into in detail and suffice it will to say that the very fact that the cases have been bifurcated just to increase the number of cases and the impression that the person concerned is less after the offence itself and more after harassment cannot be looked upon with an eye of approval by any Court.

In the circumstances, the applicant is entitled to bail. It may also be mentioned that the applicant has already been granted bail in the matter of crime u/s 60 of the U.P. Excise Act.

Applicant Atibal shall be admitted to bail in case crime No. 313 of 1994. u/s 18/20 of the N.D.P.S. Act, P.S. Kalyanpur, District Fatehpur on his furnishing two sureties and a personal bond in the like amount to the satisfaction of C.J.M. concerned.