Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57450 of 2019 Applicant :- Danish Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended by the learned counsel for the applicant that five kilogram of doda powder, which is less than commercial quantity, is alleged to have been recovered from the possession of the applicant when in fact no such recovery has been made from the person of the applicant. It is further contended that there is no independent witness of the alleged recovery. It is also contended that the mandatory provisions of N.D.P.S. Act has not been followed. It is next contended that the applicant has been falsely implicated in this case due to ulterior motive. It is further contended that the applicant is in jail since 19.11.2019 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as the averments made in the application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Danish, involved in case crime no. 397 of 2019 under Section 8/15 of N.D.P.S. Act, P.S. Gagal Hedi district Saharanpur be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
1. the applicant shall not tamper with the prosecution evidence;
2. the applicant shall not pressurize the prosecution witnesses; and
3. the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 20.12.2019 Ashish