Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33660 of 2019 Applicant :- Afroj @ Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Santosh Kumar Chaubey, learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The recovery of 50 grams prohibited contraband (herione) has been falsely planted on the applicant, which is below the commercial quantity. There is no independent witness of the alleged recovery. The compliance of provisions of section 50 N.D.P.S. Act has not been made. Criminal history has been explained in paragraph No.14 to the affidavit and the applicant undertakes that he will not make misuse the liberty of bail. The applicant is in custody since 14.7.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant - Afroj @ Chhotu be released on bail in Case Crime No.81 of 2019, under Section 8/22 N.D.P.S. Act, Police Station Shahganj, District Sonbhadra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.8.2019 Ashutosh Pandey