Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20350 of 2021 Applicant :- Amar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State 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 81 Kilograms contraband article, i.e., Ganja has been falsely planted on the applicant. It is further submitted by learned counsel for the applicant that the applicant is not named in the FIR and his name came into light on the basis of confessional statement of the co-accused, Ravindra Kumar. It is further submitted that the applicant is only the cleaner of the said truck. There is no independent witness of the alleged recovery. He further submits that there is no compliance of mandatory provisions of Sections N.D.P.S. Act, hence the recovery is bad in the eyes of law. Learned counsel for the applicant has also submitted that the co-accused, Ravindra Kumar has already been granted bail by a co-ordinate Bench of this Court, vide order dated 10.01.2019, passed in Criminal Misc. Bail Application No. 34691 of 2018. The applicant has no criminal history. The applicant undertakes that he will not misuse the liberty of bail. The applicant is in jail since 06.04.2021.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant- Amar Singh be released on bail in Case Crime No. 170 of 2018, under Section 18/20 N.D.P.S. Act, P.S. Lodha, District- Aligarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
1. The applicant will not tamper with prosecution evidence.
2. 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.
3. The applicant will not indulge in any unlawful activities.
4. The applicant will not misuse the liberty of bail in any manner whatsoever.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 24.5.2021 SK Srivastava Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 13:14:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad