Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40593 of 2019 Applicant :- Smt. Kela Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Singh,Kirti Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is an old lady aged about 64 years and is suffering from heart problem and her weight is about 85 Kg. The recovery of 500 gram intoxicating powder has been shown from the possession of the applicant. In fact, the applicant has no concern with the alleged recovery. The false recovery has been planted against the applicant. The applicant was called by the police station concerned to enquire about the victim Vandana with regard to Case Crime No. 302 of 2019 under sections 363, 366 IPC.. The applicant told the police that she does not know about Vandana due to which she has been tortured by the police and she has falsely been implicated in this case showing the alleged recovery. The applicant has not committed the alleged offence. There is no independent witness of the alleged recovery. The mandatory provision of section 50 of the N.D.P.S Act has not been complied with. The criminal history of the applicant has been explained in para 9 of the affidavit filed in support of bail application. The applicant is in jail since 12.5.2019.
Per contra, learned A.G.A opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Kela involved in Case Crime No. 364 of 2019, under Section 21/22 of N.D.P.S. Act, 1985, P.S. Highway, District Mathura 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.
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.9.2019/A.