Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38377 of 2021 Applicant :- Manoj Singh @ Lalbabu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been moved on behalf of the applicant in Case Crime No. 95 of 2021, under Section 8/21 of N.D.P.S. Act, P.S. Sukhpura, District Ballia, with a prayer that he may be admitted to bail.
It is argued by the learned counsel for the applicant that 14.340 gm of Smack is said to have been recovered from the possession of the accused applicant which is below commercial quantity. He has further argued that he has nothing to do with the said recovery. The quantity shown to have been recovered is less than commercial. No compliance of the mandatory provision of Section 50 of N.D.P.S. Act has been made at the time of alleged search and seizure. There is no independent witness of the alleged recovery and the applicant has been falsely implicated in the case. Criminal history of the applicant has been explained in para no. 14 of the affidavit filed in support of bail application. The applicant is in jail since 20.06.2021, and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the alleged recovery is below commercial, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Manoj Singh @ Lalbabu Singh involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 22.12.2021 VPS