Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20046 of 2019 Applicant :- Jashoda Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed today is taken on record.
Applicant- Jashoda Devi seeks bail in Case Crime No.48 of 2019, under Section 8/20 Narcotic Drugs and Psychotropic Substance Act and 419 IPC, Police Station-Pipri, District- Sonebhadra.
Heard Sri Arvind Singh, learned counsel for the applicant as well as Sri Sushil Kumar, learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that 1.50 kg ganja is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that the alleged recovery is false, concocted and planted. It is next submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize her. Criminal history of the applicant has properly been explained in para Nos. 5 and 6 of the supplementary affidavit. The applicant is languishing in jail since 17.03.2019. In case the applicant is released on bail she will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail she will again indulge in similar activity.
Without expressing any opinion on the merits, let the applicant Jashoda Devi involved in aforesaid crime be released on bail on her 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.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 29.5.2019 Pr/-