Supreme Court Grants Bail to Yashpal Singh in 20.8kg Opium Case

Brief Facts of Case as Per Bail Application

On the morning of August 16, 2023, Yashpal was returning home in his truck (registration number PB-11-CN-9625). While traveling between Meerut and Shamli around 7:00 AM, five individuals attempted to stop Yashpal’s truck by waving their hands. They claimed their car had a puncture and asked Yashpal to change their tire. Yashpal refused, stating he was not a laborer and had no obligation to assist them.

The five individuals then revealed they were from Kurukshetra Police and threatened to teach Yashpal a lesson if he did not comply. Being a law-abiding citizen with no prior offenses, Yashpal fled the scene. Around 7:30 AM, a black Scorpio (ANC, Kurukshetra) overtook Yashpal’s truck and stopped him at gunpoint. He was forcibly placed in the black car by police officers Sanjeev, Praveen, and Surinder, while the truck was driven by the police personnel Baldev and another officer.

Yashpal was confined in the black Scorpio and taken to the ANC, Kurukshetra. At around noon, the police officers retrieved a transparent white box from the ANC Police Station (Kurukshetra), added some brown/black substance to the box, and placed it behind the driver’s seat of Yashpal’s truck. Subsequently, they fabricated a false drug case against him, resulting in the registration of FIR No. 573/2023 PS: Thanesar Sadar on August 16, 2023. This FIR was filed in retaliation for Yashpal’s refusal to change the tire for the police officers earlier that morning.

Hon’ble  Supreme Court in SLP(Crl) No. 005447 – / 2024, after considering the circumstances and the evidence presented, granted bail to Yashpal in this case.

It was observed by Top Court:-

On last two occasions, we had granted time to the State to take instructions whether any investigation has been carried out on the CCTV footage relied upon by the appellant before the High Court. The appellant had pointed out before the High Court what is seen from the CCTV footage. If that is correct, it may amount to false implication of the appellant. Though counter has been filed on 31st July, 2024, it is completely silent about CCTV footage. Hence, a case is made out for enlarging the appellant on bail.

The operative portion of the order reads as under:

“The appellant shall be produced before the Special Court within a maximum period of one week from today. The Special Court shall enlarge the appellant on bail on appropriate terms and conditions.”