Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41202 of 2021 Applicant :- Afjaal Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Recovery of 15 grams of smack (heroin) is alleged to have been made from the possession of the applicant, which is much below of the commercial quantity as the commercial quantity is 250 grams. There is no compliance of mandatory provisions of N.D.P.S. Act. There is no public witness of the fact of recovery. The applicant is languishing in jail since 10.8.2021.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Afjaal involved in Case Crime No. 327 of 2021, under Sections - 08/21 N.D.P.S. Act, Police Station - Nakur, District - Saharanpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.10.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.10.25 15:34:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad