Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26987 of 2017 Applicant :- Mohd. Uzair Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
This is the second bail application. First bail application was dismissed for want of prosecution vide order dated 30.3.2017 passed by this Court.
Heard Shri Sharique Ahmed, learned counsel for the applicant and Shri Anil Kumar Kushwaha, learned A.G.A. on behalf of the State. Perused the record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case on the basis of a false and fabricated recovery. There is no public witness of the alleged recovery. It is further submitted that three accused having the commercial quantity have been released on bail by this Court vide orders dated 2.2.2018, 10.5.2018 and 20.7.2018 passed in Criminal Misc. Bail Application Nos.49515 of 2017, 9415 of 2018 and 13012 of 2018 and the applicant also claims parity. It is further submitted that there were seven accused in this case and all of them have already been enlarged on bail, whereas the applicant is languishing in jail since 10.2.2014 and has already undergone a considerable period under detention. It is lastly submitted that there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A has opposed the bail application, but he could not point out anything relevant to contradict the aforesaid submissions made by the learned counsel for the applicant.
After perusing the record in the light of the submissions made at bar and taking an overall view of all the facts and circumstances of this case, the nature of accusations, severity of punishment in case of conviction, the period of detention already undergone, the unlikelihood of early conclusion of trial and without going into the merits of the case, this Court is of the view that the applicant may be enlarged on bail.
Accordingly, the bail application is allowed.
Let the applicant Mohd. Uzair, involved in Case Crime No.31/2014, under Sections 18/20 of N.D.P.S. Act, P.S.- Babupurwa, District-Kanpur Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial.
4. The applicant will appear regularly before the trial court on each and every date fixed, unless his personal appearance is exempted through counsel by the court concerned.
In case of breach of any conditions mentioned above, the trial court will be at liberty to cancel the bail of the applicant.
Order Date:-27.7.2018-SB