Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4313 of 2017 Applicant :- Mashood Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Komal Khare,A.C.Srivastava,Somesh Khare Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This is the second bail application of the applicant.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that he was found in possession of the 4kg, 900 gms of smack and 500 gms of charas. Regarding the recovery of smack in the recovery memo, it has been mentioned that 11 packets were recovered from the motorcycle of the applicant. On being weighed, the total weight of the smack recovered, came to 4kg, 900 gms. One packet of 450 gms was taken as sample. The argument is that when 11 packets were recovered, the sample should have been withdrawn from each and every packet, and it is not clear from which packet, the sample was taken and sent for examination by the expert. The argument is that applicant has been implicated for the first time and he has no criminal history and is in jail since 19.09.2014.
Learned AGA has opposed the prayed for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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 Mashood Ali involved in Case Crime No.643 of 2014 under Sections 8/20, 21/22 of N.D.P.S. Act IPC Police Station T.P. Nagar, District- Meerut, be released on bail on his furnishing a personal bond and two sureties 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 applicant 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 they are accused, or suspected of the commission of which they are 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 them 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 :- 12.9.2018 P Kesari