Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8626 of 2019 Applicant :- Aarif Opposite Party :- State Of U.P.
Counsel for Applicant :- Shams Uz Zaman,Jamaluddin Mohd. Nasir,Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is contended by the learned counsel for the applicant that the applicant is innocent and has not committed the present offence. Recovery is false and planted and is not supported by any independent witness. Sample of the contraband said to have been taken into custody from the vehicle in question was also not prepared according to norms. Sample was taken from 2 packets only whereas total number of packets recovered from the vehicle were 31 in numbers. At this stage, learned counsel has referred to the guidelines laid down in the N.D.P.S. Act for preparing the samples and argued that mandatory provision provided under section 50 of the N.D.P.S. Act have also not been followed in this matter. It is not clear whether the said contraband was weighed after deducting the weight of the packets in which the said contraband was kept or not. It might be possible that if weight of the packets is deducted from the total weight, the recovered quantity may come to less than the commercial quantity. It is further submitted that the applicant has no criminal history and he is languishing in jail since 14.1.2019 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Aarif involved in Case Crime No.26 of 2019 under Section 20/22 N.D.P.S. Act, Police Station Dhaulana, District - Hapur be released on bail on his furnishing a personal bond and two heavy sureties (not less than rupees five lacs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 31.7.2019 ss