Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3035 of 2018 Applicant :- Ajay Ram @ Ram Pandit Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey,Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Counter affidavit filed by the State be taken on record.
Heard learned counsel for the applicant and learned AGA for the State-respondents.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.657 of 2017, under Section 18/20/21/22 of the N.D.P.S. Act, Police Station Goverdhan, District- Mathura.
It is contended by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. It has been further contended that 1100 grams of Alprazolam Powder and 21 grams of smack is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. He also placed reliance upon the order dated 25.8.2017 passed in Criminal Misc. Bail Application No.31290 of 2017 where the 01 kg. 100 gm. of Alprazolam powder was recovered and this Court was pleased to grant bail. It is further submitted that applicant is languishing in jail since 31.08.2017. The applicant has no criminal history.
Per contra learned AGA has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.
State has filed counter affidavit but nothing was found in the counter affidavit, which may prevent this Court to grant bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Ajay Ram @ Ram Pandit involved in Case Crime No..657 of 2017, under Section 18/20/21/22 N.D.P.S. Act, Police Station Goverdhan, District- Mathura be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(i) The applicant shall not tamper with the prosecution evidence;
(ii) The applicant shall not threaten or harras the prosecution witnesses;
(iii) The applicant shall appear on the date fixed by the trial court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accuse, or suspected of the commission, of which applicant is suspected.
(v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 24.8.2018 Junaid