Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40255 of 2019 Applicant :- Irfam @ Urffi Opposite Party :- State Of U.P. Counsel for Applicant :- Yogesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Sri Yogesh Kumar, learned counsel for the applicant, learned A.G.A. for State and perused the material available record.
Learned counsel for the applicant submits that he may be permitted to correct the cause title of the present bail application.
Prayer made for is bona fide and is allowed.
Let necessary correction be made during the course of the day.
This bail application has been filed by the accused-applicant Irfan @ Urffi, who is involved in Case Crime No. 200 of 2019, under Sections 8 and 22 N.D.P.S. Act, Police Station Khurza Dehat, District Bulandshahr.
Learned counsel for the applicant submits that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that allegedly, 600 gram Alprazolam was shown to have been recovered from possession of the accused-applicant is totally false and fabricated. It is further submitted that N.D.P.S. Act has not been complied with at the time of alleged recovery. No public witness was taken at the time of recovery. Applicant is languishing in jail since 25.07.2019. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the accused applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let applicant Irfan @ Urffi be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is directed that trial Court shall make all endavour to decide the case preferably within six months without granting unnecessary adjournment to the parties.
Order Date :- 30.9.2019 HSM