Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11603 of 2018 Applicant :- Mohan Maury Opposite Party :- State Of U.P.
Counsel for Applicant :- Devesh Vikram Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Mohan Maury seeks bail in Case Crime No. 04 of 2018 under Sections 8/20 N.D.P.S Act Police Station Pannuganj District Sonbhadra during the pendency of trial.
As per prosecution case, on 29.01.2018, the applicant was arrested by the police along with 5 kg 250 gm ganja.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity. It is next contended that no incriminating articles have been recovered from the possession of the applicant. It is further submitted that no compliance of Section 50 of N.D.P.S. Act has been made by the arresting party during the arrest. The applicant is languishing in jail since 29.01.2018 and in case he 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.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Mohan Maury involved in the aforesaid crime 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 with the following conditions that :-
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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.3.2018 Sumit S