Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23665 of 2019 Applicant :- Mor Mukut Opposite Party :- State Of U.P.
Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record This bail application has been moved on behalf of the applicant, Mor Mukut who is involved in Case Crime No. 56 of 2019, under Section 21/22 of the N.D.P.S. Act, P.S. Sansi Kotwali, District Hathras.
Learned counsel for the applicant has contended that the applicant is aged about 60 years is innocent and has been falsely implicated. It is further contended that the applicant is alleged to have been mischievously apprehended by the police and from his possession 1 Kg. Diazepam is alleged to have been recovered. It is further contended that neither proper procedure of search and recovery has been adopted by the police nor there is any independent witness of the said recovery. The provisions of Sections 42, 50, 51 and 57 of the N.D.P.S. Act have also not been complied with at the time of alleged search and recovery. It is also contended that if any recovery was made then it must have been planted on the accused. It is lastly contended that the applicant has no other criminal history and is in jail since 19.02.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail and submitted that applicant has one criminal history with regard to theft, which is of the year 1989.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant, Mor Mukut be released on bail in Case Crime No. 56 of 2019, under Section 21/22 of the N.D.P.S. Act, P.S. Sansi Kotwali, District Hathras on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate / Court concerned, subject to the following conditions:
(i) The applicant will not tamper with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.6.2019 Ram Murti