Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13112 of 2019 Applicant :- Guddu @ Jang Bahadur Opposite Party :- State Of U.P.
Counsel for Applicant :- Maimoona Fatima,Salman Ahmad,Saqib Meezan Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.12 of 2019, under Section 21/22 of N.D.P.S. Act, Police Station G.R.P., District Etawah during the pendency of trial.
Heard learned counsel for the applicant and the learned A.G.A. and also perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been implicated in the present case showing the recovery of .2mg Ativan 77 and 450 gm of Alprazolam Powder. In the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst and there is no independent witness to support the prosecution case. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. On 21.1.2019 after taking into custody several other cases have been slapped upon the applicant as he could not grease the palm of official of the concerned police station at the inkling and connivance of interested person. The applicant has nothing to do with the alleged recovery for which he has been charged. The applicant who is languishing in jail since 21.1.2019 deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the applicant has criminal antecedents. In case the applicant is allowed to be released on bail, there is every likelihood of his fleeing away from the judicial process and tamper/intimidate the prosecution witnesses. Therefore, the applicant does not deserve to be released on bail.
Looking to the facts and circumstances of the case and without expressing any opinion of the merits, let the applicant Guddu @ Jang Bahadur involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.9.2019 M. Tariq