Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10997 of 2018 Applicant :- Janu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved seeking bail in Case Crime No.77 of 2018 under sections 21/22 N.D.P.S. Act, Police Station Delhi Gate, District Aligarh, during the pendency of trial.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated in this case. 350 gms. diazepam is alleged to have been recovered from the accused- applicant which is below commercial quantity. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 20.01.2018. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the aforesaid arguments, looking to the fact that the diazepam which has been recovered from the accused- applicant is below commercial quantity, taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Janu involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018 AU