Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26335 of 2018 Applicant :- Islam Khan Opposite Party :- St Counsel for Applicant :- Gopeshwar Sahai Bisaria Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Counter affidavit filed by the State is taken on record.
Heard learned counsel for the applicants and learned AGA for the State-respondents.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.315 of 2018, under Section 8/21 N.D.P.S. Act, Police Station Fareedpur, District- Bareilly.
Learned counsel for the applicant submitted that 260 gram (including the weight of bag) smack was allegedly recovered from the possession of the applicant. It is further submitted that the recovery is itself doubtful and the procedure laid down has not been complied with. The commercial quantity of smack is 250 gram. It is further submitted that applicant is languishing in jail since 12.6.2018. The applicant has not criminal history.
Learned A.G.A. has opposed the prayer for bail.
State has filed counter affidavit but nothing was found in the counter affidavit, which may prevent this Court to grant bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Islam Khan involved in Case Crime No.315 of 2018, under Section 8/21 N.D.P.S. Act, Police Station Fareedpur, District- Bareilly be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(i) The applicant shall not tamper with the prosecution evidence;
(ii) The applicant shall not threaten or harras 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 accuse, or suspected of the commission, of which applicant is suspected.
(v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 23.8.2018 Junaid