VINOD PRASAD,J. - (1.) APPLICANT Janrail Singh, who is incarcerated in jail, in connection with Crime No. 255 of 2007, for the offences under section 8/21 NDPS Act, P.S. Kotwali, district Varanasi, has sought his released on bail, through the instant Criminal Miscellaneous Bail Application, as he has failed to get the said relief from the Courts below.
(2.) ALLEGATIONS against the applicant, according to the F.I.R. Annexure 1, are that K.D. Misra, S.H.O., P.S. Kotwali, district Varanasi was on picket duty along with three other Constables, Awadhesh Singh, Awadhesh Yadav and Shahid Khan. At Maidagin crossing under Kotwali police circle, district Varanasi, he was consulting with the members of S.O.G. team, consist ­ing of S.I. Girja Shankar Tripathi, S.I. Shivanand Misra, S.I. Ashish Misra, S.I. Amit Kumar Srivastava, S.I. S.P. Singh, S.I. C.P. Dwivedi, Head Constable Mahesh Chandra Srivastava along with 12 other Constables and driver Gopal, regarding the murder of Dr. D.P. Singh, in the presence of S.S.I. Satish Chandra Shukla and S.I. Akchhaibar Nath Shukla, when the in ­former informed him that three smugglers are waiting in Machodari Park to proceed for Bihar along with huge quantity of her ­oin, a narcotic, which they have brought from Rajasthan and if action is taken with the alacrity, they can be apprehended. Believing the informer, informant SHO K.B. Misra informed the Magistrate, his higher officers and officers of Narcotic Control Bureau on R.T. set and because of paucity of time, the SHO did not wait for the arrival of the said officers, he got the information memo prepared, and pro ­ceeded towards the spot in a Jeep. Mean ­while, he had also endeavoured to join in ­dependent witnesses but in -vain.
(3.) ON reaching Machodari Park, at the pointing out of the informer, when the raiding party reached near the pound, situated inside the park, they witnessed three persons sitting at the western stairs of the pound. The raiding party intercepted and apprehended those three persons, who disclosed their names, as Janrail Singh, (present applicant) Raghvendra Pratap Singh and Raja Yadav.;