Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41343 of 2021 Applicant :- Mahendra Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.162 of 2021, under Section 8/21 of N.D.P.S. Act, P.S.- Mohana, District- Siddharth Nagar.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated. The alleged recovery of the 300 tablets of Alprasafe of 0.5 is planted and its total weight is 39.00 gram which is below the commercial quantity. Provisions of Section 50 of N.D.P.S. has not been complied with. There is no independent or public witness of the alleged recovery. The alleged recovery is false and fabricated. It is next contended that the applicant has no previous criminal history. The applicant who is in jail since 14.08.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. submitted that 300 tablets of Alprasafe of 0.5 has been recovered from the possession of the accused- applicant, hence, the prayer for bail is opposed.
Considering the rival contentions of the parties, allegations of the F.I.R., the material on record, nature and quantity of the narcotic substance alleged to be recovered from the possession of the accused-applicant, evidence, complicity of accused, severity of punishment and all attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Mahendra Gupta involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 21.12.2021 Krishna*