Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11279 of 2018 Applicant :- Mohd. Jafar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Mohd. Jafar, who is involved in Case Crime No. 51 of 2018, under Section 8/15 N.D.P.S. Act, Police Station - Baheri, District - Bareilly.
As per prosecution version, on 31.01.2018 at about 11.30 P.M., 7 kg. of 'afeem doda chura' (poppy straw) was recovered from the possession of the applicant.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in this case on the basis of false recovery as the quantity of 'afeem doda chura' (poppy straw) alleged to have been recovered from the possession of the applicant is below commercial quantity. Moreover, there is no public witness of the alleged recovery. The applicant is not a previous convict and he is languishing in jail since 31.01.2018.
Per contra, learned A.G.A. has opposed the prayer for bail, but admitted this fact that the quantity of contraband alleged to have been recovered from the possession of the applicant is below commercial quantity.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Mohd. Jafar be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 28.3.2018 I. Batabyal