Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46175 of 2020 Applicant :- Mohd Moharram Opposite Party :- State of U.P.
Counsel for Applicant :- Harshit Pathak,Anurag Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Anurag Pathak, learned counsel for the applicant and learned A.G.A for the State.
As per the prosecution case 6 kg, Charas has been recovered from the applicant.
Learned AGA contends that there are witnesses of the alleged recovery. The commercial quantity of Charas is 1 kg. The recovered substance is much higher than the commercial quantity as notified. According to the learned AGA, recoveries were made in presence of independent witnesses provisions of NDPS Act have been duly complied with.
There is merit in the submission of learned A.G.A that releasing the applicant on bail shall influence witnesses which will compromise the trial and the applicant is a flight risk.
No case for grant of bail is made out at this stage. The bail application is rejected.
Learned trial court shall make all endeavours to ensure that the criminal case is decided within a period of one year from the date of receipt of certified copy of the order.
The prosecution agencies as well as accused persons are directed to cooperate in the trial proceedings, to ensure that the trial is concluded within the stipulated period of one year.
Order Date :- 21.12.2021 Pravin