Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45783 of 2021 Applicant :- Gayyur Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicant- Gayyur with a prayer to enlarge him on bail in Case Crime No.230 of 2021, under Sections- 8/22 of N.D.P.S. Act, Police Station- Qadarchowk, District-Budaun.
Learned counsel for the applicant contended that the accused- applicant is innocent and has been falsely implicated. The recovery of 70 gms alprazolam powder is false and fabricated. Learned counsel also contended that the criminal history of the accused-applicant has been explained in para no.9 to 16 of the accompanying affidavit. The mandatory provisions have not been followed during the arrest and the alleged recovery. The applicant is languishing in jail since 26.08.2021 and further undertakes that he will not misuse the liberty and will co- operate in trial, in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application and submitted that the accused applicant along with co-accused have been arrested by the police and 70 gms alprazolam powder have been recovered from each of the accused persons. The accused-applicant is habitual criminal and is involved in many criminal cases.
Considering the rival submissions of the parties, facts and circumstances of the case, nature of the offence, severity of punishment and the quantity of narcotic substance alleged to be recovered from the possession of the accused-applicant, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail.
Accordingly, bail application is allowed.
Let the applicant- Gayyur involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.12.2021 C. MANI