Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16278 of 2021 Applicant :- Laxman Singh @ Lachho Opposite Party :- State of U.P.
Counsel for Applicant :- Lalit Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Laxman Singh @ Lachho, who is involved in Case Crime No. 33 of 2021, under Sections 21/22 of NDPS Act, P.S.- Farah, District- Mathura.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that the police party apprehended the applicant and from the possession of applicant 300 grams of alprazolam is alleged to be recovered. No compliance of Section 50 of NDPS Act has been made. There is no independent witness of the alleged recovery. The applicant has been languishing in jail since 31.01.2021 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for bail and contended that the alleged quantity of alprazolam is commercial quantity though monetary value of the same is negligible.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Laxman Singh @ Lachho, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 7.4.2021 Prajapati