Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40594 of 2019 Applicant :- Gunjan Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by the learned counsel for the applicant that applicant is a lady. She has falsely been implicated in the present case showing a recovery of 425 gm. Charas which is below to commercial quantity. False recovery has been planted against the applicant. There is no independent witness of the alleged recovery. The applicant is a daily wager and doing the business of ready-made garments and earned her livelihood. The applicant refused to give Hafta to the police of police station concerned due to which she has falsely been implicated in the present case. The mandatory provision of Section 50 of N.D.P.S. Act has not been complied with. It has further been submitted that there is no chance of absconding after release on bail. The applicant has no criminal history and is in jail since 18.7.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Gunjan involved in Case Crime No. 168 of 2019, under sections 18/22 N.D.P.S. Act, P.S. , Kotwali Hamirpur, District Hamirpur be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. She shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.9.2019 Masarrat