Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45143 of 2021 Applicant :- Bunty And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Saksham Srivastava, Akhilesh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and the learned A.G.A.
This is a bail application on behalf of the applicants Bunty and Ashok Kumar in connection with Case Crime No.546 of 2021, under Section 08/21/22 of N.D.P.S. Act, Police Station Banna Devi, district Aligarh.
The first information report of this incident was lodged by the police against four accused persons including the applicants. It was alleged in the first information report that 19.09.2021 when the police party was patrolling both the applications were arrested at the spot. The applicant no.1 Bunty was arrested and from his possession 450 gm. of diazepam powder was recovered and application no.2 was arrested and from his possession 500 gm. of diazepam.
The submission of learned counsel for the applicants is that the applicants are quite innocent and have been falsely implicated in the present case with the ulterior motive. He submitted that there is joint recovery from the applicants, which are totally fake and false as there is no public witness of the aforesaid recovery. He submitted that the recovery of 450 gms. of diazepam powder recovered from the possession of applicant no.1 is below commercial quantity and the recovery of 500 gms. of diazepam powder is also not above the commercial quantity. He submitted that there is no compliance of Section 50 of N.D.P.S. Act. He submitted that the previous criminal history of the applicant no.2 has satisfactorily been explained in paragraph no.18 of the paper book. He submitted that the applicants are languishing in jail since 16.09.2021, hence they are entitled to be released on bail and they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Bunty and Ashok Kumar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses;
iii) The applicants shall appear on the date fixed by the trial court;
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission;
v) The applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.10.2021 R./ Digitally signed by Justice Ajit Singh Date: 2015.04.02 07:22:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad