Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22977 of 2019 Applicant :- Mo. Amir @ Gatua Opposite Party :- State Of U.P.
Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Applicant-Mo. Amir @ Gatua seeks bail in Case Crime No.427 of 2018, under Sections 21/22 Narcotic Drugs and Psychotropic Substance Act, Police Station-Ramgarh, District-Firozabad.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that 425 gm Dizapam is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that the alleged recovery is false, concocted and planted. It is next submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant who is in jail since 8.7.2018, having no criminal history to his credit, deserves to be released on bail. Lastly, it is also submitted that co-accused Ishrar @ Marpeta has already been enlarged on bail vide order dated 30.10.2018 passed by this Court in Crl. Misc. Bail Application No.41504 of 2018. Therefore, the applicant is also entitled to be released on bail. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Mo. Amir @ Gatua, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 Shalini