Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57148 of 2019 Applicant :- Dharmendra Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the alleged sample of Alprazolam allegedly recovered from the applicant has been sent for examination / verification at the laboratory, however till date, even after expiry of about five months, no report has been filed by the said laboratory.
Learned counsel for the applicant submits that this is the first case against the applicant and the applicant is in jail since 28.07.2019.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant- Dharmendra be released on bail in Case Crime No. 309 of 2019, under Section 21/22 N.D.P.S. Act, P.S. Raya, District- Mathura on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2019 SK Srivastava