Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12759 of 2019 Applicant :- Arvindra Kamboj Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Kumar Jaiswal,Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of the applicant, Arvindra Kamboj, who is involved in Case Crime No. 31 of 2019, under Section 18/20 of the N.D.P.S. Act, P.S. Ramraj, District Muzaffarnagar.
Learned counsel for the applicant has contended that the quantity of popy straw/doda which had been recovered from the applicant was below the commercial quantity since the quantity of popy straw/doda which was recovered was 50kg which included the weight of the sacks. It is lastly contended that the applicant has no other criminal history and is in jail since 1.3.2019 and if he is released on bail, there would be no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail.
Upon hearing the learned counsel for the applicant and upon perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant, Arvindra Kamboj, be released on bail in Case Crime No. 31 of 2019, under Section 18/20 of the N.D.P.S. Act, P.S. Ramraj, District Muzaffarnagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate / Court concerned, subject to the following conditions:
(i) The applicant will not tamper with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court and will attend the court on every date. He will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.6.2019 praveen.