Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21010 of 2019 Applicant :- Anil @ Makhan Jaiswal Opposite Party :- State Of U.P. Counsel for Applicant :- S.P. Lal Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant as well as 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 10 kgs of Ganja is alleged to have been recovered from the joint possession of the applicant and other co-accused. In fact no such recovery has taken place. It is next contended that the alleged recovered substance 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 no previous criminal history and the applicant is in jail since 18.02.2019 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 Anil @ Makhan Jaiswal, involved in case crime No. 19 of 2019, under section 8/20 of Narcotics Drugs and Psychotropic Substances Act, police station Kamasin, district Banda, 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 :- 4.6.2019 Kamarjahan