Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20425 of 2018 Applicant :- Harikant Opposite Party :- State Of U.P. Counsel for Applicant :- Sajiya Parveen Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution story F.I.R. was lodged against the present applicant alleging that on 2.11.2017, 300 gms narcotic power of Diazepam was recovered by the police personnel.
Learned A.G.A. states that 300 gms. narcotic power of Diazepam, which was recovered by the Police is below commercial quantity.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 2.11.2017 (more than ten and half months); three criminal cases have been explained; there is no independent witness against the applicant; the recovery shown by the police to show his good work only and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that quantity recovered by the police is blow commercial quantity.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Harikant involved in Case Crime No. 873 of 2017, under Section 21/22 NDPS Act, Police Station Tundla, District - Firozabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.9.2018 OP