Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16272 of 2021 Applicant :- Afzal Opposite Party :- State of U.P.
Counsel for Applicant :- Istiyaq Ali,Ali Hasan Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Afzal, who is involved in Case Crime No. 66 of 2021, under Sections 8/21 of NDPS Act, P.S.- Qila, District- Bareilly.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that the police party has apprehended the applicant and co-accused Faizan and from the possession of the applicant 250 grams of smack is alleged to be recovered of which there is no independent witness of the alleged recovery. The alleged recovery is false. The alleged recovery is below commercial quantity. The recovery of 250 grams of smack is alleged from the person of the applicant and as such mandatory provisions of Section 50 of the Act should have been complied but no compliance of the same was made. The applicant has been languishing in jail since 01.03.2021 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for bail.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Afzal, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 7.4.2021 Prajapati