Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18082 of 2019 Applicant :- Akil @ Akeel Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Pratendra Singh, holding brief of Mr. Saksham Srivastava, learned counsel for the applicant, Mr. O.P. Singh, learned Additional Government Advocate for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case with some ulterior motive. It is further contended by the learned counsel for the applicant that 360 gms of Diazapam contraband powder is alleged to have been recovered from the possession of the applicant. In fact no such recovery has taken place. It is next contended that the alleged recovered contraband is less than the commercial quantity. There is no independent witness of the alleged recovery. Learned counsel for the applicant further contended that mandatory provisions of NDPS Act has not been complied with in the present case. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant has a criminal history of two cases, which has been properly explained in paragraph 16 of the affidavit filed in supportof the bail application. and the applicant is in jail since 26.02.2019 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicant Akil alias Akeel, involved in case crime No. 116 of 2019, under section 21/22 of Narcotics Drugs and Psychotropic Substances Act, police station Delhigate, district Aligarh, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned on 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 :- 29.4.2019 Sazia