Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20396 of 2019 Applicant :- Lallan @ Ravendra Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
2. By means of this application, the applicant Lallan @ Ravendra Singh who is involved in Case Crime No. 81 of 2019 under Sections 08/20 of Narcotic Drugs & Psychotropic Substances Act 1985, Police Station Kishanpur, District Fatehpur is seeking enlargement on bail during the trial.
3. Learned counsel for the applicant states that 20 kg. of marijuana is alleged to have been recovered from four persons including the applicant. In fact no such recovery was effected from the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant, who is in jail since 13.3.2019 having no criminal history, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
4. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.
5. Without expressing any opinion on the merits, let the applicant Lallan @ Ravendra Singh, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties ea
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 4.6.2019 Kamarjahan