Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27281 of 2021 Applicant :- Jagmal Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Ahmed Faizan,Syed Mohd Taqi Abdi Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The accused- applicant is involved in Case Crime No. 267 of 2021, under Section 8/20 of N.D.P.S. Act, registered at Police Station Hasanpur, District Amroha.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The recovery of 450 gram Charas, which is below the commercial quantity has been falsely planted on the applicant. There is no independent witness of the alleged recovery. The compliance of provisions of Section 50 N.D.P.S. Act has not been made. The applicant has no criminal history. The applicant undertakes that he will not misuse the liberty of bail. The applicant is in jail since 20.06.2021.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant, Jagmal involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 13.8.2021 SK Srivastava