Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18932 of 2021 Applicant :- Abbas Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further argued that recovery is false, planted and is not supported with any independent evidence. Mandatory provisions provided under the N.D.P.S. Act for search and seizure has not been followed. Referring to the quantity of the contraband said to have been recovered in the matter it was further argued that recovered contraband is less than the commercial quantity. There is no previous criminal history. The applicant is in jail since 20.02.2021.
On the other hand, learned AGA 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, 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 Abbas involved in Case Crime No. 121 of 2021, under Section 8/22 N.D.P.S. Act, Police Station Kotwali Nagar, District - Muzaffar Nagar be released on bail on furnishing a personal bond and two heavy sureties 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 applicants 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, the complainant is free to move an application for cancellation of bail before this court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.5.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.05.13 13:44:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad