Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33034 of 2019 Applicant :- Kesav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant and the learned A.G.A.
It is contended by learned counsel for the applicant that in the present case, 150 gm Alphrazolam Power is alleged to have been recovered from the possession of the applicant. There is no compliance of Section 50, 52 & 55 of the N.D.P.S. Act. The learned counsel for the applicant further submitted that there is no alleged contraband was recovered from the applicant. It is also submitted that no public witness present at the time of recovery and he further contended that if he be released on bail he shall not misuse the liberty of bail. It was also submitted that there is no public witness and appellant has no criminal history. The applicant is in Jail since 28.3.2019.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Kesav involved in Case Crime No. 257 of 2019 under Section 21/22 N.D.P.S. Act, P.S. Vrindaban, District Mathura be released on bail on his furnishing a personal bond and two heavy surety each in the like amount to the satisfaction of the Court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2019 Sachin