Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12653 of 2021 Applicant :- Nafees Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Mohd. Naushad, learned Counsel for the applicant and Sri Manuranj Singh, learned A.G.A. for the State respondents.
It is contended by learned Counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case. It is further submitted that nothing has been recovered from the personal possession or property of the applicant. There is no independent witness of the alleged recovery. It is next contended that the alleged contraband, said to be recovered from the possession of the applicant, is below commercial quantity. It is also pointed out that the criminal history of the applicant has been explained in para 8 of the affidavit. The applicant is in jail since 1.2.2021. In case, the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Perused the first information report as well as the averments made in the bail application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Nafees involved in case crime no.56 of 2021, under Section 18/20 of N.D.P.S. Act, 1986, P.S. Jhinjhana, District Shamli be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
1. the applicant shall not temper with the prosecution evidence.
2. the applicant shall not pressurize the prosecution witness;
3. the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 5.4.2021 S.S.