Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16554 of 2018 Applicant :- Karan Singh @ Puccha Opposite Party :- State Of U.P.
Counsel for Applicant :- G.A.,Azhar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned AGA for the State-respondents.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.65 of 2018, under Section 8/21 N.D.P.S. Act, Police Station Etmadpur, District- Agra.
It is contended by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. It has been further contended that 750 gm. of Alprazolam Powder is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. It is further submitted that applicant is languishing in jail since 15.02.2018.
Learned A.G.A. has opposed the prayer for bail. Learned A.G.A. has informed that applicant is having criminal history.
Learned counsel for the applicant refuted the submission made by the learned A.G.A. and informed that applicant has already been acquitted in Case Crime No.448 of 2014, under Section 18/20 NDPS Act, by the Court below vide order dated 29.07.2017 Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Karan Singh @ Puccha involved in Case Crime No.65 of 2018, under Section 8/21 N.D.P.S. Act, Police Station Etmadpur, District- Agra be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(i) The applicant shall not tamper with the prosecution evidence;
(ii) The applicant shall not threaten or harras the prosecution witnesses;
(iii) The applicant shall appear on the date fixed by the trial court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accuse, or suspected of the commission, of which applicant is suspected.
(v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.7.2018 Junaid