Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57413 of 2019 Applicant :- Bijendra And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and Mr Jitendra Kumar, learned AGA and perused the record of the case.
It is submitted by learned counsel for the applicants that 7.2 grams (80 tabs) of Alprazolam is alleged to have been recovered from the possession of the applicants, of which the commercial quantity is 100 grams. The applicants have been falsely implicated in the present case. It is further submitted that there is no public witness to the said recovery and also there is no compliance of Section 50 and 42 of the NDPS Act. He submits that the applicants are in jail since 25.10.2019.
Learned AGA could not dispute the aforesaid facts advanced by learned counsel for the applicants.
Considering the facts and circumstances of the case, 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.
Let the applicants Bijendra and Parmajeet be enlarged on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 937 of 2019, under Sections 8/22 of the NDPS Act, P.S. Deoband, District Saharanpur, subject to following conditions:-
i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
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. It is further clarified that 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 :- 20.12.2019 RavindraKSingh