Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22005 of 2017 Applicant :- Brijesh Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Kumar Srivastava,Ramendra Partap Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant has no criminal history. The recovery shown by the Police is false and planted and is not supported by any independent witness. Mandatory provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed in strict sense. Four packets of contraband charas are said to have been recovered from the bag of the applicant. It is not clear as to whether sample was taken from each packets or from only one packet. Weight of each packet is also not mentioned in the recovery memo. Guidelines laid down by the Central Government in the Notification no. 1/88 have not been followed. All these facts clear doubt about the recovery. He is languishing in jail and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Brijesh Ram involved in Case Crime No. 33 of 2017, under Section 8/20 N.D.P.S. Act, Police Station Mirzapur, District - Saharanpur be released on bail on furnishing a personal bond and two heavy local sureties (not less than Rupees Five Lakhs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.5.2018/safi