Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32687 of 2019 Applicant :- Arjun Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant bail application has been filed for bail of applicant- Arjun, involved in Case Crime No. 269 of 2019, under Section 8/21 of N.D.P.S. Act, Police Station Loni, District Ghaziabad.
Heard learned counsel for the applicant, learned A.G.A. for the State and peruse the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case; only 240 grams of Diazepam has been alleged as recovered from the possession of applicant which is below than the commercial quantity. Learned counsel has further submitted that the mandatory provision of Section 41, 42 and 50 of N.D.P.S. Act have not been complied with and no independent witness has been shown in the alleged false recovery. He has further submitted that the police has also falsely implicated him in three false cases of loot, wherein, the applicant has already been enlarged on bail. He is law abiding person and languishing in jail since 8.3.2019. If he is released on bail, he will never misuse his liberty, terms and conditions of bail and will co- operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant-Arjun involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C (iv) argument/judgement.
If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 22.8.2019 Saurabh