Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19529 of 2021 Applicant :- Jasveer Opposite Party :- State of U.P. Counsel for Applicant :- Lal Mani Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Jasveer, in Case Crime No. 119 of 2021, under Section- 21/22 of N.D.P.S. Act, Police Station- Highway, District- Mathura.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 4.2.2021; he is of ten criminal antecedents and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed with this contention that there is a recovery of 170 grams of Alprazolam from the possession of applicant whereas commercial quantity is 100 grams. As per Section 37 of N.D.P.S. Act, 1985, where the commercial quantity is there, bail is only to be granted if the court will be satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that applicant will not likely to commit any offence while on bail and till date, there is no material on record to be satisfied that applicant will not commit any offence because he has been apprehended from an area of police station Mathura Highway, a pilgrimage, where such type of menace of N.D.P.S. Act are prevailing and the recovery is of commercial quantity. Hence, there is every likelihood of applicant's fleeing from the course of justice or tampering with evidence, in case of release on bail. Bail be rejected.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering Section 37 of the N.D.P.S. Act and the area of offence being pilgrimage of District Mathura but, without commenting on merits of the case, a case for bail is not made out.
Accordingly, the bail application is rejected. Order Date :- 29.10.2021 Kamarjahan