Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38183 of 2018 Applicant :- Deepak Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The recovery of 60 gram intoxicating powder Alprazolam has been shown from the possession of the applicant which is below to commercial quantity. The alleged recovery has been shown from the public place but there is independent witness of the alleged recovery. The mandatory provision of section 50 of N.D.P.S. Act has not been complied with. It has further been submitted that the false recovery has been planted against the applicant. There is no criminal history against the applicant. The applicant is in jail since 29.8.2018.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Deepak involved in Case Crime No. 549 of 2018, under Sections 21/22 N.D.P.S. Act, P.S. G.R.P., District Kanpur Nagar 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:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.10.2018 A.