Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21919 of 2019 Applicant :- Jeet Lal Bhartiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Brahma Nand Pandey,Deena Nath,Ram Rasik Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 160 of 2019, under Section 5/7/25 of N.D.P.S Act, Police Station Kareilly, District Allahabad, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Alleged recovery of country made pistol and other materials are planted and nothing recovered from the possession of the applicant. No public witness was taken at the time of recovery. Applicant is in Jail since 18.03.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the accused-applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant-Jeet Lal Bhartiya be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, applicant shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment.
Order Date :- 30.9.2019 Akram