Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40364 of 2017 Applicant :- Imran Ahmad Idrisi Opposite Party :- State Of U.P. Counsel for Applicant :- Raju Kanaujia Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Shri Dileep Singh Yadav, learned counsel for the applicant, Sri Raj Bahadur, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 0033 of 2017, under Section 21/22 of N.D.P.S. Act, Police Station - G.R.P. Farrukhabad, District - Farrukhabad, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 02.09.2017. It is further submitted on behalf of applicant that allegedly 125gm Alprajolam Powder has been recovered from possession of applicant which is marginally on higher side from small quantity, there is no public witness of the alleged recovery. At the time of incident applicant was going to his sister's house by train where G.R.P. Police has caught hold him and were demanding illegal gratification and due to non fulfilment of the same he has been falsely implicated in this case. Mandatory provisions of Sections 50 and 57 of N.D.P.S. Act have not been complied, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant by contending that 125gm Alprajolam Powder has been recovered from possession of applicant which comes under commercial quantity.
Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Imran Ahmad Idrisi be released on bail in Case Crime No. 0033 of 2017, under Section 21/22 of N.D.P.S. Act, Police Station - G.R.P. Farrukhabad, District - Farrukhabad, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 29.3.2018 A. Verma