- (1.) As both these bail applications relate to the same case crime number and have been connected vide order dated 25.07.2014 passed on the Bail Application No. 23547 of 2014, they were heard together and are being decided by a common order.
(2.) According to the prosecution case, an information was received by the Inspector (In charge) - Kushal Pal Yadav, from surveillance, that some Inter-State Durg Traffickers were transporting huge quantity of Ganja in a cream colour Alto Car and red colour Eicher Mini which was coming from Kusehata village to Saraiya Tiraha. Upon receiving the said information, it is alleged that information was given to the Circle Officer, Phoolpur, a Gazetted Officer, and an effort was made to rope in independent witness but no one agreed. It was, thereafter, discovered that Truck No. 70 AT 4987 was coming and behind the said truck there was Alto Car No. 70 BM 4615. In the truck, three persons were sitting whereas in the Alto Car two persons were sitting at the back and one was driving. It is alleged that, upon seeing the police raiding party, two persons, who were sitting at the back of the Alto Car, alighted and ran away. It is alleged that though they were given a chase but they could manage their escape though they were recognized as Vipin Jaiswal and Trishul Chandra. The person, who was found on the front seat of the Alto Car was Ashok Kumar Jaiswal (the applicant in Bail Application No. 23547 of 2014) and the three persons, who were found sitting in the truck, were identified as Deepak Kumar (the applicant in Bail Application No. 23546 of 2014), Ramakant Vishwakarma and Tejdhar Mishra. Upon inspection of the vehicles, three bags of 10 kgs. each of Ganja were found in the Alto Car, one on the front seat and two on the back seat, whereas in the truck, 24 bags of different weights, in total measuring 750 kgs., containing Ganja were found. Apart from the said 24 bags, a Scooty, without a number plate, was found in the truck. Accordingly, the prosecution case was that a total of 780 kgs of Ganja was being transported in the two vehicles out of which 750 kgs was in the truck and 30 kgs was in the Alto Car. The Ganja, so recovered, which was contained in 27 bags was sent for chemical analysis and it was found that all 27 bags contained Ganja.
(3.) Sri Sandeep Saxena, who has appeared on behalf of the applicants, submitted that the applicant - Ashok Kumar Jaiswal is the father of the other applicant Deepak Kumar Jaisawal and is a reputed businessman having license in his own name as well as in the name of his wife for selling country made liquor. In connection with the said business, one Rajesh Narayan, a Station House Officer of the police force, used to make illicit demands and on refusal of the applicant to succumb to those demands, the applicant was falsely implicated not only in the present case but earlier also in Case Crime No. 11 of 2013 where recovery of 9.5 Kg of Ganja was shown from the Alto vehicle while the applicants were alleged to have escaped before seizure though the wife of the applicant- Ashok Kumar Jaiswal was found sitting in the vehicle. It was submitted that in Case Crime No.11 of 2013, initially, the applicants were released on interim bail and while they were on interim bail, to defeat the claim of the applicants for bail in the said case, the recovery of 780 kgs of Ganja was falsely shown from the possession of the applicants. It has been submitted that in the truck, apart from Deepak Kumar, two other persons who were allegedly found were Ramakant Vishwakarma and Tejdhar Mishra who have no relation with the applicants. It has been submitted that the truck concerned is also not registered in the name of any of the applicants and there is no evidence to link the applicants to the said truck which was allegedly carrying 750 kgs of Ganja. It was also submitted that the truck may have been seized with the Ganja at some other place but the applicants have been roped in only on account of previous enmity with Rajesh Narayan.;