Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5803 of 2018 Applicant :- Mukesh Singh Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Pulak Ganguly,Anurodh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Learned counsel for the applicant is permitted to make necessary correction regarding name of the applicant in the memo of bail application as "Mukesh Kumar Singh" in place of "Mukesh Singh Kushwaha".
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Mukesh Kumar Singh seeks bail in Case Crime No. 403 of 2017 under Sections 8/22 N.D.P.S. Act Police Station Robertsganj District Sonebhadra during the pendency of trial.
As per prosecution case, on 24.07.2017 the applicant was arrested by the police and recovery of 50 gm heroine was made from the possession of the applicant.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity. It is next contended that no incriminating articles have been recovered from the possession of the applicant. It is further submitted that no compliance of Section 50 of N.D.P.S. Act has been made by the police party during the arrest. The applicant is languishing in jail since 24.07.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Mukesh Kumar Singh involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018 Sumit S