Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11723 of 2021 Applicant :- Jahiruddin Alias Fannu Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Kumar,Maohammd Nadeem Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and Sri Vivek Rastogi, learned AGA for the State.
The applicant seeks bail in Case Crime No. 576 of 2020, under Sections 21/22 of N.D.P.S. Act, Police Station Gursahaiganj, District Kannauj.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to ulterior motive; the alleged recovery of diazepam from the applicant is below the commercial quantity; there is no independent witness of the alleged recovery. It is also contended that the mandatory provisions of N.D.P.S. Act has not been complied with. It is next contended that the applicant is languishing in jail since 23.12.2020 having no other criminal history to his credit and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for 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 Jahiruddin @ Fannu involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 5.4.2021 Lbm/-