Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3931 of 2019 Applicant :- Smt. Hema Opposite Party :- State Of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Nothing has been recovered from her possession and on pointing out of the applicant and a false recovery has been shown from her. There is violation of certain provisions of the N.D.P.S. Act. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant is languishing in jail since 24.12.2018.
The learned A.G.A. has vehemently opposed the prayer for bail of the applicant and contended that 9 kgs. contraband (ganja) was recovered from the possession of the applicant.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant - Smt. Hema involved in Case Crime No. 2003 of 2018, under Sections - 18/20 N.D.P.S., Police Station - Section 20 Noida, District Gautam Budh Nagar be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 S Rawat