Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34899 of 2021 Applicant :- Monu @ Mohit Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been moved on behalf of the applicant in Case Crime No. 172 of 2021, under Section 8/20(b) of N.D.P.S. Act, P.S. Madrak, District Aligarh, with a prayer that he may be admitted to bail.
It is argued by the learned counsel for the applicant that 10.5 Kg Ganja is said to have been recovered from the joint possession of the applicant and other co-accused which is planted by the police. He has further argued that he has nothing to do with the said recovery. The quantity shown to have been recovered is less than commercial. No compliance of the mandatory provision of Section 50, 52, 55 & 57 of N.D.P.S. Act has been made at the time of alleged search and seizure. There is no independent witness of the alleged recovery and the applicant has been falsely implicated in the case. Applicant is a labourer. The applicant is in jail since 16.07.2021, and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Monu @ Mohit Kumar involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 VPS