Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44663 of 2021 Applicant :- Heena Opposite Party :- State of U.P.
Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 246 of 2021, under Sections 8/22 of N.D.P.S. Act, police station Kotwali, District Jaunpur, with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and she has not committed any offence. It was submitted that alleged recovery of 105 gram Diazepam shown from the applicant, is false and there is no independent witness of alleged recovered. It was also submitted that the mandatory provisions of N.D.P.S. Act including Section 50 of the N.D.P.S. Act, have not been complied with. It was further submitted that alleged recovery of 105 gram diazepam is quite less than the commercial quantity. Lastly, it was submitted that the applicant is a lady and now she is languishing in jail since 17.09.2021, having no criminal history and in case, applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Heena involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 she is accused, or suspected, of the commission of which she 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.10.2021 A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.10.28 10:09:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad