Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33289 of 2019 Applicant :- Dilshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Avinash Pandey,learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The alleged recovery of 600 grams 'Opium' has been falsely planted on the applicant which is below the commercial quantity. There is no independent witness of the alleged recovery. Applicant has no previous criminal history. The compliance of provisions of section 50 N.D.P.S. Act has not been made. The applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 24.06.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without expressing any view on the merits of the case, this Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant -Dilshad be released on bail in Case Crime No.279 of 2019, under Section 8/18 N.D.P.S. Act, P.S. Jhinjhana, District Shamli, 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 :- 21.8.2019 Rahul.