Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33693 of 2019 Applicant :- Lal Ji Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. The alleged recovery of 2.30 Kg. prohibited contraband (Ganja) from the possession of applicant has been falsely planted. The alleged recovery of prohibited contraband is below the commercial quantity. There is no independent witness of the alleged recovery and the compliance of provisions of section 50 N.D.P.S. Act has not been made. The applicant has no criminal history and he undertakes that he will not misuse the liberty of bail. The applicant is in custody since 21.07.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without expressing any view on the merits of the case, this Court is of the opinion that it is a fit case for bail.
Let the applicant Lal Ji be released on bail in Case Crime No. 100 of 2019, under Sections 8/20 N.D.P.S. Act, P.S.- Badausa, District- Banda on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed.
Order Date :- 26.8.2019 Sharad/-