Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7531 of 2018 Applicant :- Aslam Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Rahul Kumar Tripathi learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 Cr.P.C. has been moved by the accused- applicant Aslam, who is involved in Case Crime No. 80 of 2018, under Section 21/22 of N.D.P.S. Act, Police Station - Dehligate, District - Aligarh.
As per prosecution version, on 21.01.2018 at about 04.40 P.M., 350 grams of diazepam powder was recovered from the possession of the applicant.
Learned counsel for the applicants contended that the applicant have been falsely implicated in this case. No offence, whatsoever is made out against him. Absolutely baseless and concocted allegations have been levelled against the applicant, who is innocent. Moreover, there is no public witness of the alleged recovery. The applicant has a criminal history of one case in Case Crime No. 543A of 2013 under Sections 147, 323, 504, 506 IPC in which the applicant in on bail. There is no other criminal history of the applicant and he is languishing in jail since 22.01.2018.
Per contra, learned A.G.A. has opposed the prayer for bail.
Quantity of diazepam powder alleged to have been recovered from the possession of the applicant is below the commercial quantity.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Aslam be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 27.3.2018 I. Batabyal