Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34260 of 2019 Applicant :- Aabid Opposite Party :- State of U.P.
Counsel for Applicant :- Neeraj Srivastava,Alpika Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 381 of 2019, under Sections 21/22 of N.D.P.S. Act, Police Station Kotwali, District Mathura with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and alleged recovery shown from applicant is false and concocted. It was further submitted that provisions of Section 50 of N.D.P.S. have not been complied with. There is no independent witness of alleged recovery. Regarding criminal history of applicant, it was submitted that out of eight cases, applicant has already been acquitted in three cases, while criminal history of one case has been shown falsely and in remaining cases, he is on bail. It was submitted that applicant is in judicial custody since 22.05.2019 and in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that recovery of 550 gram of Alprazolam has been shown from the applicant, which is quite more than commercial quantity. It was submitted that commercial quantity of Alprazolam is 100 gram and thus, the quantity of recovered Alprazolam is quite huge. It was further submitted that applicant has criminal history of eight cases, which includes two cases of N.D.P.S. Act.
Considering the submissions of learned counsel for parties, gravity of offence, severity of sentence in case of conviction, quantity of recovered narcotic and all attending facts and circumstances of case, this Court is not inclined to grant bail to the applicant. Hence, the bail application of Aabid is hereby rejected.
Order Date :- 17.12.2019 T.S.