Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36527 of 2021 Applicant :- Mubarak @ Munna Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated. Nothing has been recovered from the possession of the accused-applicant. The alleged recovery of 400gm Diazepam Powder is planted and is below the commercial quantity.The applicant is languishing in jail since 25.06.2021. The history of earlier criminal case, has been explained in para-7 of the affidavit and in that case the accused-applicant is on bail. It has been contended that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. vehemently opposed the prayer for bail and submitted that accused having criminal history in one case but not disputed the fact that accused has been enlarged on bail in the aforesaid case.
Considering the rival submissions of the parties, facts and circumstances of the case, nature of the offence, severity of punishment and the quantity of narcotic substances, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed.
Let the applicant-Mubarak @ Munna involved in Case Crime No.289 of 2021 under Section 21/22 of NDPS Act Police Station- Civil Line, District- Aligarh be released on bail on his furnishing a personal bond and two sureties each 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. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 C. MANI