Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30156 of 2019 Applicant :- Anil Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Ajai Kumar, Garg, learned counsel for the applicant, Mr. Sushil Kumar, 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 500 gms of Charas is alleged to have been recovered from the possession of the applicant, which is false, fabricated and planted. In fact no such recovery was effected from the possession of the applicant. 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 is no chance 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 three cases, which has been properly explained in paragraph 13 of the affidavit filed in support of the bail application. It is lastly submitted that the applicant is in jail since 31.05.2019 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, involved in case crime No. 446 of 2019, under section 8/20 of Narcotics Drugs and Psychotropic Substances Act, police station Civil Lines, district Moradabad, be released on bail on his furnishing a personal bond and two 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 :- 30.7.2019 Sazia