Court No. - 56
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3462 of 2018 Applicant :- Narayan Hari @ Dauli Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mukhtar Ahmad,J.
Heard Sri Awadh Bihari Pandey, learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Narayan Hari @ Dauli Yadav, who is involved in case crime no. 315 of 2017 under Section 21/22 N.D.P.S. Act, Police Station-Usarahar, District- Etawah.
Submission of the learned counsel for the applicant is that he is innocent and has falsely been implicated; that 230 grams alprazolam is said to have recovered from the possession of the applicant, which is planted but actually nothing was recovered. It is also submitted that provision under Section 50 and other mandatory provisions of N.D.P.S. Act have not been followed. Further there is no independent witness of the recovery and arrest of the applicant. It is lastly contended that the accused applicant is languishing in jail from 9.9.2017. In respect of the criminal history it has been submitted that all the criminal history has been explained except one case under Section 332, 353, 504, 506 arising out of case crime no. 199/2001 and in that case too he is on bail.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy 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 prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. 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 :- 26.4.2018 Fhd.