Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3050 of 2018 Applicant :- Muvin Mev Opposite Party :- State Of U.P.
Counsel for Applicant :- Amrit Shanker Dubey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is contended by the learned counsel for the applicant that the applicant is innocent and has not committed any offence. He has been falsely implicated in this case. Recovery if false, planted and is not supported by any independent evidence. Total weight of the recovered contraband (Alprazolam) is 300 grams against the commercial quantity of 100 grams. Referring to the contents of the F.I.R., it is submitted that two persons are said to be arrested in the matter, but they were not informed about their legal rights to be searched before the Magistrate / Gazetted Officer separately, but a joint offer was given to them and this fact itself creates suspicion about the alleged recovery. Thus, the mandatory provisions of N.D.P.S Act regarding search and seizure have not been followed in the present case in strict sense. The applicant has no criminal history and he is in jail since 26.9.2017 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Muvin Mev involved in Case Crime No.426 of 2017 under Section 21/22 NDPS Act, Police Station Barsana, District - Mathura be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 28.5.2018 ss