Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24725 of 2018 Applicant :- Ajeet Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Kumar Singh,Jai Prakash Singh,N/A Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kamal Kumar Singh, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 181 of 2018 under Section 8/20 of N.D.P.S. Act, P.S. Sarai Lakhansi, District Mau.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; learned counsel for the applicant contended that 18 Kg. Ganja is alleged to have been recovered from the accused applicant which is below commercial quantity. No compliance of Sections 50 and 57 of N.D.P.S. Act has been done; there was no public witness present; he has criminal history of one case which has been explained in para 16 in which he has been bailed out; the accused applicant is in jail since 20.05.2018; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Ajeet Kumar Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.8.2018 A. Mandhani