Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26190 of 2021 Applicant :- Irfan Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Anup Kumar Pandey,Dr. C.P. Upadhyay Counsel for Opposite Party :- G.A. WITH Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26668 of 2021 Applicant :- Amir Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Anup Kumar Pandey,Dr. C.P. Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Both the bail applications pertain to one and same case and thus, both the bail applications are decided by this common order.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicants that both the applicants, namely, Irfan Khan and Amir Khan are innocent and they have been falsely implicated in the present case. It was submitted that applicants have not been arrested at spot. It was submitted that alleged recovery of prohibited noophin injections, shown from the house of applicants, is false and baseless and that there is no independent witness of alleged recovery. It has been submitted that though, the applicants run a medical store, which has a valid license, but the alleged recovery is false. It was further submitted that both the applicants are real brothers and that they were falsely implicated in this case. It was submitted that now the applicant Irfan Khan is languishing in jail since 10.02.2021 and applicant Amir Khan is languishing in jail since 11.02.2021 and that in case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial. Criminal history of one old case has been shown against the applicant no.1 Irfan Khan and he is on bail in that case and there is no criminal history against applicant no.2 Amir Khan.
Learned A.G.A. has opposed the prayer for bail and argued that total 54,255 noophin injections were recovered from the house of applicants.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Irfan Khan and Amir Khan involved in Case Crime No. 26 of 2021, under Section 8/22 N.D.P.S Act, Section 18A/27 of Drugs and Cosmetics Act, Sections 419, 420, 467, 468 and 471 IPC and Section 63/65 of Copy Right Act (Amendment) 1957, P.S. Sonauli, District Maharajganj, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants shall not tamper with the evidence during the trial.
2. The applicants shall not pressurize/ intimidate the prosecution witness.
3. The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 :- 26.10.2021 A. Tripathi