Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17845 of 2019 Applicant :- Mahendra Prasad Dhawal Opposite Party :- Union Of India Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- Ashish Pandey
Hon'ble Anil Kumar-IX,J.
Heard Sri Shashi Dhar Shukla, learned counsel for the applicant, learned counsel for the Union of India and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submitted that according to prosecution case from the joint possession of applicant and three co-accused 100 grams heroine and 200 grams alprazolam was recovered. The alleged recovery of prohibited contraband has been falsely planted on the applicant. There is no independent witness of the alleged recovery. The compliance of provisions of section 50 N.D.P.S. Act has not been made. The applicant has no criminal history and the applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 10.2.2019.
Learned for the opposite party Union of India vehemently opposed the prayer of bail and submitted that recorded alprazolam is more than commercial quantity.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant - Mahendra Prasad Dhawal be released on bail in N.C.B. No.5 of 2019, under Section 8/21, 22, 27, 27A, 29, 60(3) N.D.P.S. Act, 1984, Police Station- NCB- Lucknow, District- Basti 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.
Order Date :- 21.8.2019 Ashutosh Pandey