Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9260 of 2021 Applicant :- Balveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kamal Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 606 of 2020, under Section 8/20 of N.D.P.S. Act, Police Station Uttar, District Firozabad during the pendency of trial.
It is argued by learned counsel for the applicant that 1 Kg. 60 grams of charas is said to have been recovered from the possession of applicant. He has a criminal history of two cases in which he is already on bail. He has stated that Section 50 of the N.D.P.S. Act was not complied with. He is innocent; he is in jail since 20.12.2020.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Looking to the fact that accused is having a criminal history of two cases and in both these cases, he is on bail; recovered quantity of charas is just above the commercial quantity, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed and applicant is directed to not commit any offence while on bail.
Let the applicant Balveer Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 30.7.2021 A. Mandhani