Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23084 of 2019 Applicant :- Smt. Kalli Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard Sri Sushil Kumar Tiwari, learned counsel for the applicant as well as Sri J. K. Upadhayay, learned AGA for the State and perused the material placed on record.
Applicant- Smt. Kalli Prajapati seeks bail in Case Crime No. 268 of 2019, under Sections 8 and 21 of Narcotic Drugs and Psychotropic Substance (N.D.P.S.) Act, Police Station- Kotwali Nagar, District-Banda.
Learned counsel for the applicant has contended that 50 gm. smack is alleged to have been recovered from the possession of the applicant, which is below the commercial quantity. Moreover, in the instant case, there is no compliance with the provisions of Section 50 of the N.D.P.S. Act. 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 her false implication in the crime cannot be ruled out. 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 him. The applicant who is in jail since 27.04.2019 having no criminal history to her credit, deserves to be released on bail. 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, Smt. Kalli Prajapati 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 :- 31.5.2019 V.S.Singh