Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45278 of 2021 Applicant :- Murshid Ali Opposite Party :- State Of U.P Through Secrectary Home.
Counsel for Applicant :- Istiyaq Ali,Ali Hasan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no.553 of 2021, under Sections 8/21/29 of N.D.P.S. Act, Police Station-Fareedpur, District-Bareilly is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is named in the FIR lodged by S.I. Raj Kumar under sections 8/21/29 of N.D.P.S. Act. The next contention is that there is recovery of 65 gm. of smack (psychotropic powder) along with Rs.5500/- cash from his pocket. Learned counsel for the applicant further submitted that there is no independent witness to the entire recovery nor there is any compliance of Section 50 of N.D.P.S. Act regarding search and seizure. It is next submitted that the applicant has been falsely implicated in the present case. The applicant has no criminal antecedents to his credit. Learned counsel for the applicant lastly submitted that the applicant, who is in jail since 22.09.2021, is entitled to be enlarged on bail during the pendency of trial.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A, I find it to be a fit case for bail.
In view of the above, let the applicant-Murshid Ali be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 29.10.2021 Sumit S Digitally signed by RAHUL CHATURVEDI Date: 2021.11.01 15:12:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad