Court No. - 57
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35358 of 2017 Applicant :- Mohammad Rafique @ Kuttu Pahalwan Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastav,Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
The applicant is involved in Case Crime No. 486 of 2017 under Sections 8/20, 21/22 of N.D.P.S. Act, Police Station- Rasoolpur, District- Firozabad.
As per the first information report, psychotropic substance in the form of Charas to the tune of 500 gms. and Diazepam to the tune of 900 gms. have been recovered from the possession of the applicant at 15:40 hours, however, no public witness has been taken for the alleged seizure memo inasmuch as necessary compliance of Section 50 of N.D.P.S. Act has not been met. The contention raised on behalf of the applicant is that entire seizure is planted one and in fact nothing has been recovered from the possession of the applicant. It is further contended that till date no report of the Forensic Science Laboratory has been received in respect of sample of recovered contraband. It is also contended that there is no previous criminal history of the applicant and he is languishing in jail since 04.08.2017.
Learned Additional Government Advocate has, however, opposed the prayer for grant of bail.
Considering the facts and circumstances of the case and the fact that necessary compliance of Section 50 of N.D.P.S. Act has not been met, but without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be enlarged on bail.
Let the applicant- Mohammad Rafique @ Kuttu Pahalwan involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, the bail is granted subject to the condition that applicant as and when required shall appear before the court and shall not avoid his appearance, failing which, court below shall be at liberty to cancel the bail.
It is made clear that identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 28.2.2018 Atmesh