Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15847 of 2021 Applicant :- Kamal @ Kannu Opposite Party :- State of U.P.
Counsel for Applicant :- Shashank Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Shashank Singh, learned counsel for the applicant, learned A.G.A for the State through video conferencing and perused the record.
It is submitted by learned counsel for the applicant that 140 grams alprazolam powder is alleged to have been recovered from the possession of the applicant, whereas, no such recovery has taken place. It is further contended that there is no independent witness of the alleged recovery. Applicant has been falsely implicated in this case. The mandatory provisions of N.D.P.S Act for search and seizure have not been complied with in the present case. It is further submitted that it is not clear whether the said contraband was weighed after deducting the weight of the wrapper / packet in which the said contraband was kept. It might be possible that if weight of the wrapper / packet is deducted from the total weight, the recovered quantity may come to less than the commercial quantity. All the criminal cases shown as criminal history have been duly explained. He is languishing in jail since 24.12.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Kamal @ Kannu involved in Case Crime No. 0794 of 2020, under Section 21/22 N.D.P.S. Act, Police Station Vrindavan, District - Mathura be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.5.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.05.12 14:07:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad