Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34438 of 2021 Applicant :- Ashok @ Bhoora Opposite Party :- State of U.P.
Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.0030 of 2021, under Sections 21/22 N.D.P.S. Act, Police Station Agouta, district Bulandshahr.
The first information report of this incident was lodged by the first informant against the present accused and it was mentioned in the FIR that on 24.3.2021 when the first informant and his team was on routine checking at that time police informer informed to the first informant that a person is standing near the liquor shop at Gariya Chauraha and he is having intoxicating tablets and on believing on the information of the police informant, the first informant and his team reached at the spot and they saw that a person was standing near the liquor shop and the first informant and his team caught him after using force and recovered a knife and 1100 tablets of Alprazolam from the possession of the applicant and weight of the recovered tablets was about 110 gm.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Further submission made by learned counsel for the applicant is that the police party has falsely shown the recovery of 110 grams Alprazolam from the accused-applicant, in fact, no such recovery has been made nor is there any public witness nor mandatory provision of section 50 of the NDPS Act has been complied with. He has further submitted that the applicant has criminal history of five cases and in all these cases, he has been bailed out, details of which are mentioned in paragraph no. 23 of the affidavit filed in support of the bail application. He has further submitted that the applicant has criminal history of one another case, in which also he has been granted bail, detail of which is mentioned in paragraph no. 2 of the supplementary affidavit. He submitted that the applicant is languishing in jail since 06.03.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant as well learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties and period of detention in jail, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ashok @ Bhoora involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties 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 witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 26.10.2021 AU