Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21117 of 2019 Applicant :- Mohd. Haseen Opposite Party :- State Of U.P. Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of the applicant, Mohd. Haseen, who is involved in Case Crime No. 70 of 2019, under Section 8/21 of the N.D.P.S. Act, P.S. Loni, District Ghaziabad.
Learned counsel for the applicant has submitted that at the time of recovery no independent witness was present. The provisions of Section 50 of the N.D.P.S. Act have also not been complied with at the time of alleged search and recovery. It is lastly contended that the applicant has no other criminal history and is in jail since 15.1.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant, Mohd. Haseen, be released on bail in Case Crime No. 70 of 2019, under Section 8/21 of the N.D.P.S. Act, P.S. Loni, District Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate / Court concerned, subject to the following conditions:
(i) The applicant will not tamper with the prosecution evidence and will not harm or harass the victim/complaint in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date. He 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 the court concerned and in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.6.2019 praveen.
(Siddhartha Varma,J.)