IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29382 of 2010 R.K.GUPTA @ RAKESH KUMAR GUPTA, SON OF LATE SRI B.N. GUPTA, RESIDENT OF VILLAGE CHHATNAG ROAD, JHUNSI, POLICE STATION JHUNSI, DISTRICT-ALLAHABAD. …..Petitioner. Versus 1. UNION OF INDIA 2. D.G. NARCOTICS CONTROL BUREAU, HEAD QUARTER, R.K. PURAM, NEW DELHI. …..Opposite Parties. For the Petitioner : Mr. Shakeel Ahmad Khan (Sr. Adv.) Mrs. Soni Srivastava (Adv.) For the Union of India : Mr. Dwivedy Surendra. (Central Govt. Counsel) ----------- 04/ 29.09.2010 Heard learned Counsel for the petitioner and learned Counsel for the Union of India. The petitioner has renewed his prayer for bail on the grounds that most of the accused involved in the case have now been granted bail. Those persons have been arrested on the spot and the petitioner’s name has come on the basis of their confession made before the investigating officer. It has also been pointed out that Khalid Qureshi and Anil Kumar Namdev had been admitted to bail on 31.08.2010 in Cr. Misc. No.30051 of 2010 and Cr. Misc. No. 29805 of 2010 respectively and Nishar Hussain Dar has been admitted to bail on 15.09.2010 in Cr. Misc. No. 33152 of 2010. The petitioner was posted as Intelligence Officer in Narcotics Control Bureau, Zonal Unit, Varanasi between March 2002 to January 2 2008 on deputation. He joined his parent department after expiry of that period. Allegation against the petitioner is that his wife was involved in a business along with M/S A.R. Chemicals, Hajipur and the petitioner has introduced Rajeev Shekhar Jha with co- accused Nishar Hussain Dar while he was working as Intelligence Officer at Varanasi. Methaquolone tablets were being prepared in M/S. A.R. Chemicals at Hajipur with assistance of the petitioner. All the accused persons and the petitioner and others were involved in preparation of the tablets. In course of raid, 1676 Kgs. of Methaquolone tablets and other materials were seized. The petitioner was subsequently arrested by the prosecution agency. The petitioner’s conspiracy has been alleged in the entire occurrence, because according to the prosecution case the petitioner was present at the time of inauguration of the factory. Submission is that the petitioner was posted as Intelligence Officer and was not associated with the functioning of the factory from where seizure was made. His implication was because of hostility of Mr. N.S. Bisht as 3 the later was determined to spoil the career of the petitioner so that Mr. Bisht can get better opportunity. Further submission of the learned Counsel for the petitioner is that after rejection of the bail of the petitioner others have also filed bail applications and the main accused Rajeev Shekhar Jha has been admitted to bail vide Annexure-18 on 28.07.2010 in Cr. Misc. No. 19213 of 2010, considering primarily that he has remained in custody since 19.09.2008 and in view of his undertaking that he will cooperate in the trial and will not tamper with the evidence. It has also been submitted that charge is not being framed because this Court has ordered in Cr. Misc. No. 22069 of 2010 that charge is to be framed after receipt of the Forensic Science Laboratory report from Hyderabad where the samples have sent for chemical examination, so there is no delay on behalf of the petitioner. Prayer for bail of the petitioner has been opposed by learned Counsel appearing on behalf of Union of India. Considering the fact that the petitioner is in custody since 14.10.2008 and there is delay due to non-receipt of the report of the 4 chemical examination of the Forensic Science Laboratory, Hyderabad and also that the other accused persons who were present at the spot at the time of seizure have been granted bail, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-cum-Special Judge, Vaishali at Hajipur in connection with Crime Case No. 12 of 2008-C-2A-4 of 2008 on the following terms and conditions as laid down in Cr. Misc. No. 19213 of 2010:- (i)That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the wife of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not accused 5 in any other case and if he is he shall not be released on bail. (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. kksinha/- (Shyam kishore Sharma, J.)