Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has not committed the present offence. Recovery is false and planted and is not supported with independent evidence. Although weight of the recovered contraband as shown in the recovery memo is 105 gms yet at the time of weighing the contraband said to have been recovered in the matter weight of the rapper/packet has not been deducted. It might be possible that if the weight of the rapper is deducted from the total weight shown in the recovery memo the same may come less than the commercial quantity. The applicant is in jail since 04.12.2020.
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 Karn @ Karan involved in Case Crime No. 1041 of 2020, under Section 8/21 N.D.P.S. Act, Police Station Loni, District - Ghaziabad 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. Further before issuing the release order, the sureties be verified.
1. The applicant 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 computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 4.2.2021 Sachdeva