Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4134 of 2018 Applicant :- Kamla @ Kamal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Kamla @ Kamal Singh seeks bail in Case Crime No. 610 of 2017 under Sections 8/20 N.D.P.S Act Police Station Narhat District Lalitpur during the pendency of trial.
As per prosecution case, on 17.10.2017 police recovered 50 kg ganja from two persons who told the police party that the said ganja belongs to the applicant.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant was not arrested on the spot. The name of the applicant has been mentioned in the FIR only on the basis of the confessional statement of co-accused persons. It is next contended that no compliance of Section 50 of N.D.P.S. Act has been made by the police party during the arrest. The applicant is languishing in jail since 04.11.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Kamla @ Kamal Singh involved in the aforesaid crime be released on bail on his 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018 Sumit S