Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25071 of 2019 Applicant :- Dharmpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
This is a bail application on behalf of the applicant Dharmpal in connection with Case Crime No.134 of 2019, under Section 8/20 N.D.P.S.Act, P.S. Sadar Bazar, District Meerut.
The submission of learned counsel for the applicant is that the alleged recovery of charas is below commercial quantity. He further submitted that compliance of Section 50 N.D.P.S.Act has not been made by the police. He submitted that the applicant is in jail since 10.03.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has vehemently 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, 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 applicant Dharmpal in connection with Case Crime No.134 of 2019, under Section 8/20 N.D.P.S.Act, P.S. Sadar Bazar, District Meerut 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 applicant shall not tamper with the prosecution evidence;
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to as dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 21.6.2019 R./