Court No. - 63
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48652 of 2017 Applicant :- Harishchandra Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Janam Shahi Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Shri Kamlesh Tiwari and Ram Janam Shahi, learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that 3 kgs of opium is alleged to have been recovered from the joint possession of the applicant and co-accused Satya Prakash Sharma, who has been granted bail by this Court in Criminal Misc. Bail Application No. 48577 of 2017 vide order dated 15.2.2018. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that 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. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant who is in jail since 4.10.2017 having no criminal history to his credit, 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 bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.
Without expressing any opinion on the merits, let the applicant Harishchandra Gupta, involved in case crime No. 2122 of 2017, under section 8/18 of NDPS Act, Police Station Katra, district Shahjahanpur, 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 the investigation or 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, it shall be a ground 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 :- 30.3.2018 Ishrat