Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25025 of 2021 Applicant :- Khushiram And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and gone through the record.
This bail application has been moved on behalf of accused-applicants- Khushiram and Brajkishor alias Brijesh, who are involved in Case Crime No. 86 of 2021 under Sections 21/22 of Narcotic Drug and Psychotropic Substance Act, 1985, Police Station-Friends Colony, District-Etawah.
Learned counsel for the applicants submits that applicants are innocent and has falsely been implicated in the case; . False recovery of 240 gram Alprazolam powder has been shown from four persons. There is no chemical analyst's report till date, though recovery was made on 04.03.2021. The recovery was made in violation of Section 50 of the NDPS Act.It is also pointed out that co-accused, Devendra Kumar has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 21551 of 2021 vide order dated 11.06.2021. The applicant is in jail since 04.03.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicants are also entitled for indulgence.
Learned A.G.A. appearing for the State has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicants are entitled for bail.
Let the above mentioned applicants involved in aforesaid crime be released on bail on each of them 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 applicants shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 27.7.2021 MN/-