Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53056 of 2019 Applicant :- Mohamad Atik Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Kumar Pandey,Nandini Mishra Counsel for Opposite Party :- G.A
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The recovery of 80 gram Nashila Powder (Alprajolam) 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 undertakes that he will not misuse the liberty of bail. The applicant is in jail since 27.09.2019.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant- Mohamad Atik be released on bail in Case Crime No.
97 of 2019, under Section 21/22 N.D.P.S. Act, P.S. G.R.P., District- Jaunpur on 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 :- 29.11.2019 SK Srivastava