Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29929 of 2019 Applicant :- Bishnu Dom Opposite Party :- State Of U.P.
Counsel for Applicant :- Saurabh Kumar,Pawan Kumar Prajapati Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Saurabh Kumar, learned counsel for the applicant as well as Ms. Seema Shukla, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that 1.500 gm ganja is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that the alleged recovery is false, concocted and planted. It is next submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant has criminal history of one case, which has properly been explained in para No.28 of the affidavit accompanying bail application. Applicant is languishing in jail since 16.03.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case let the applicant Bishnu Dom involved in Case Crime No.39 of 2019, under Section-8/20 of Narcotic Drugs and Psychotropic Substances Act, Police Station Obra, District-Sonbhadra be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 26.7.2019 Pr/-