Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28103 of 2021 Applicant :- Naresh Kushwaha And Another Opposite Party :- State of U.P.
Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicants and learned AGA for the State.
The accused- applicants are involved in Case Crime No. 51 of 2021, under Section 08/20/29 of N.D.P.S. Act, registered at Police Station Bisanda, District Banda.
Learned counsel for the applicants contended that the applicant are innocent and have been falsely implicated in the present case. The recovery of 15 k.g. contraband Ganja, which is below the commercial quantity have been falsely planted on the applicants. There is no independent witness of the alleged recovery. The compliance of provisions of Section 50 N.D.P.S. Act has not been made. The criminal history of the applicant no. 1 has been explained in para-17 of the affidavit filed in support of bail application. The applicants undertakes that they will not misuse the liberty of bail. The applicants are in jail since 06.03.2021.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicants.
Upon hearing learned counsel for the parties and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicants, Naresh Kushwaha and Narendra Singh involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance are exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 12.8.2021 SK Srivastava