Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33956 of 2021 Applicant :- Iqbal @ Kalla Opposite Party :- State of U.P.
Counsel for Applicant :- Abhijeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
This is an application for bail on behalf of the applicant Iqbal @ Kalla in Case Crime No.356 of 2021, under Sections 21/22 NDPS Act, Police Station Khair, District Aligarh.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that S.I., Ankit Kumar has lodged the present FIR falsely implicating the applicant by making a mention that while police party was on the beat, they have nabbed the applicant and recovered 590 gm Diazepam powder. The applicant himself has disclosed that this is a Diazepam powder the informant has blindly relied upon the averments made by the applicant. It is contended that no chemical analysis has been done in order to ascertain as to whether it was a Diazepam powder or not. Compliance of Section 50 of NDPS Act has not been done. Besides this, no independent witness was produced. The applicant is in jail since 15.07.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, the fact that prima facie there is no compliance with Section 50 NDPS Act but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Let the applicant Iqbal @ Kalla, in Case Crime No.356 of 2021, under Sections 21/22 NDPS Act, Police Station Khair, District Aligarh be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 28.10.2021 Brijesh Maurya