Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21157 of 2021 Applicant :- Arif Alias Kunja Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State through video conferencing and perused the record of the present bail application.
The present bail application has been moved by the applicant- Arif Alias Kunja with a prayer to enlarge him on bail in Case Crime No.131 of 2021, under Section 8/15 of N.D.P.S. Act, Police Station-Amroha Nagar, District-Amroha.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. A false recovery of 4.200 Kgs. Doda Powder (Churna) has been shown by the police from the possession of the applicant, which is much below the commercial quantity. The mandatory provisions of N.D.P.S. Act has not been complied with by the police. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 02.04.2021, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant-Arif Alias Kunja involved in aforesaid case crime 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, subject to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
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 :- 25.5.2021 SK Goswami Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 14:44:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad