Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33385 of 2019 Applicant :- Amrita Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. The alleged recovery of 10 Kg. prohibited contraband (Ganja) from the joint possession of applicants has been falsely planted, which is below the commercial quantity. There is no independent witness of the alleged recovery and the compliance of provisions of section 50 N.D.P.S. Act has not been made. The applicants have no criminal history and they undertakes that they will not misuse the liberty of bail. The applicants are in custody since 14.07.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without expressing any view on the merits of the case, this Court is of the opinion that it is a fit case for bail.
Let the applicant Amrita Singh and Chandra Prakash Singh be released on bail in Case Crime No. 92 of 2019, under Sections 8A(C)/20 N.D.P.S. Act, P.S.- Kotwali Dehat, District- Banda on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will not tamper with prosecution evidence.
(ii) The applicants 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.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Accordingly, the instant bail application is allowed. Order Date :- 22.8.2019/Sharad/-