Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17241 of 2019 Applicant :- Fajal Opposite Party :- State Of U.P.
Counsel for Applicant :- Paritosh Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Paritosh Shukla, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Fajal in Case Crime No.134 of 2019, under Sections 21/22 of N.D.P.S. Act, Police Station Delhigate, District-Aligarh with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant was falsely implicated in the year 2014 by the police in an offence under the provisions of Cow Slaughter Act on the basis of which Gangster Act was clamped upon him. In both the cases, the applicant was enlarged on bail. He further submits that police has now fabricated false case of recovery of 530 grams of diazepam powder. Learned counsel for the applicant has argued that it is yet to be established by the Forensic Science Laboratory that the recovered powder is in fact diazepam. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 07.03.2019, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Fajal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 25.4.2019 MN/-