Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39264 of 2021 Applicant :- Arjun Sonkar Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime no. 254 of 2020, under Sections 8/20 of N.D.P.S. Act, police station Lalauli, District Fatehpur, with the prayer to enlarge the applicant on bail.
According to the prosecution version, recovery of 15 kg ganja was shown from the applicant and co-accused Chhedi Lal while they were carrying it on a motorcycle.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. The alleged recovery shown from the applicant is false and baseless and in fact it was planted upon applicant and co-accused person. It was further submitted that the mandatory provisions of N.D.P.S. Act, including Section 50 of the N.D.P.S., Act have not been complied with. As per prosecution version, the applicant was driving the motorcycle and there is no reliable evidence against him. It was further submitted that co-accused Chhedi Lal, who was sitting on motorcycle, has already been granted bail by co-ordinate Bench of this Court vide order dated 01.12.2020, passed in Criminal Misc. Bail Application No. 42205 of 2020. It was also stated that alleged recovered contraband is below the commercial quantity. It was further submitted that the criminal history has duly been explained. Lastly, it was submitted that the applicant is languishing in jail since 22.09.2020 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Arjun Sonkar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 26.10.2021/A. Tripathi