Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15394 of 2018 Applicant :- Mahaveer Alias Kalu Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Chandra Gupta Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Recovery is false, planted and is not supported by any independent witness. Mandatory provisions provided in the N.D.P.S. Act were not followed at the time of search and seizure. It was further argued that nothing is mentioned in the recovery memo about the details of the person from whom said measurement box was taken. It was next contended that total weight of the recovered contraband is 580 gram against the commercial quantity i.e. 500 gram. It is not clear from the recovery memo whether the weight of the packet in which said contraband had been kept was excluded while weighing the contraband or not, it might be possible that if the weight of the packet is excluded total weight may come to less than the commercial quantity. The applicant has no criminal history and is in jail since 23.02.2018.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mahaveer Alias Kalu involved in Case Crime No. 219 of 2018, under Section 8/22 N.D.P.S. Act, Police Station Jagdishpura, District Agra be released on bail on furnishing a personal bond and two heavy sureties (not less than Rs. 3 lakhs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.4.2018 Sanjeet