Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22561 of 2019 Applicant :- Mohit Opposite Party :- State Of U.P. Counsel for Applicant :- K.K. Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that 500 grams of contraband article, i.e.,Charas is said to have been recovered from the possession of the applicant. He further submits that there is no compliance of mandatory provisions of Sections 52, 52A and 53 of N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has no criminal history with respect to the N.D.P.S. Act. The applicant is in jail since 18.4.2019.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Mohit involved in Case Crime No. 85 of 2019 under Section 8/20 N.D.P.S. Act, Police Station Shivrajpur District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following condition:-
1. The applicant will continue to attend and co- operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the bail granted to the applicant shall automatically stand cancelled and he shall be arrested by the police and shall not released on bail unless the trial is concluded.
Order Date :- 29.5.2019 Atul kr. sri.