Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16002 of 2018 Applicant :- Mani Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
The present bail application has been filed by the applicant for enlarging him on bail in Case Crime No. 176 of 2017, under Section 21/22 N.D.P.S. Act, police station Jamunapar, District Mathura.
It is contended by the learned counsel for the applicant that while applicant was coming back from the house of his relative, police personals stopped the applicant and demanded illegal money and after denial by the applicant, they have falsely implicated the applicant in the present case. It has been further contended that 650 gram of Alprazolam powder is alleged to have been recovered from the possession of the applicant when in fact no such recovery has been made from the person of the applicant. Learned counsel further contends that there is no independent witness of the alleged recovery. Learned counsel further contends that the mandatory provisions of N.D.P.S. Act has not been followed. Learned counsel lastly contends that there is no chance of his either fleeing away from the judicial process or tampering away with the witnesses. The applicant does not have any criminal history to his credit. Applicant is languishing in jail since 09.05.2017 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Mani Ram, involved in case crime No. 176 of 2017, under Section 21/22 N.D.P.S. Act, police station Jamunapar, District Mathura be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicant shall not indulge in any criminal activity;
2. The applicant shall not tamper with the prosecution evidence;
3. The applicant shall not pressurize the prosecution witnesses;
4. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 23.8.2018 Sartaj