Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4819 of 2018 Applicant :- Amit Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey,Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Amit Sharma seeks bail in Case Crime No. 1208 of 2017 under Sections 21/22 of N.D.P.S Act Police Station Vrindaban District Mathura during the pendency of trial.
As per prosecution case, on 03.12.2017 the applicant was arrested by the police and 600 gm alprazolam was recovered from his possession.
It is submitted by learned counsel for the applicant that applicant is a motor mechanic. The police party approached him for servicing of their vehicle free of cost. When the applicant refused to do so, he has been falsely implicated in the present case. It is further submitted that after refusal, the applicant was brutally beaten up by the police party. A medical report prepared by the Medical Officer, District Jail, Mathura is available on record showing therein six injuries on the body of the applicant. The prosecution has also failed to explain the aforesaid injuries. It is further submitted that no compliance of Section 50 of N.D.P.S. Act has been made by the arresting party during the arrest. The applicant is languishing in jail since 03.12.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Amit Sharma involved in the 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 :- 27.3.2018 Sumit S