Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40160 of 2019 Applicant :- Dhananjay Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dr. Arun Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Dr. Arun Srivastava, learned counsel for the applicant, the learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case; that there is no exclusive possession of the Opium on behalf of applicants rather than the said alleged recovered one Kg Opium from his car; that the alleged recovery is less than the commercial quantity i.e. 2.500 kgs.; that mandatory provision as provides under Section 50/52/57 of the N.D.P.S. Act have not been complied and there is no public witness at the time of alleged recovery; that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence. He is in jail since 13.08.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Dhananjay Kumar And Another involved in Case Crime No. 418 of 2019, under Section 8/21 of N.D.P.S. Act, Police Station Kotwali, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.9.2019 Vibha Singh