Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57491 of 2019 Applicant :- Ashu @ Talib @ Chhotu Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended by the learned counsel for the applicant that 210 gram smack, which is less than commercial quantity, is alleged to have been recovered from the possession of the applicant when in fact no such recovery has been made from the person of the applicant. It is further contended that there is no independent witness of the alleged recovery. It is also contended that the mandatory provisions of N.D.P.S. Act has not been followed. It is next contended that the applicant has been falsely implicated in this case due to ulterior motive. It is further contended that the applicant is in jail since 30.10.2019 and if he is released on bail, he will not misuse the liberty of bail. It is lastly contended that co-accused Smt. Jarina has already been granted bail by this Court vide order dated 07.12.2019 passed in criminal misc. bail application no. 54381 of 2019, copy of which has been produced, which is taken on record.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as the averments made in the application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Ashu alias Talib alias Chhotu, involved in case crime no. 616 of 2019 under Section 21/22 N.D.P.S. Act, P.S. Kotwali Jalaun district Jalaun be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
1. the applicant shall not tamper with the prosecution evidence;
2. the applicant shall not pressurize the prosecution witnesses;
3. the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 20.12.2019 Ashish