Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34355 of 2018 Applicant :- Nasarul Shekh Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record.
This third bail application has been moved for enlarging the applicant Nasarul Shekh on bail in Case Crime No. 609 of 2016, under Sections 8/21 N.D.P.S. Act, PS-Civil Lines, District-Budaun.
Learned counsel for the applicant contended that applicant is absolutely innocent and he has been falsely implicated in this case. It is next contended that recovery of 270 gm smack powder (heroine) and 550 gms white powder has been slapped against the applicant to implicate him in the offence, said recovery has not been made in presence of any independent witness. It is next contended that provisions of Section 50 N.D.P.S. Act have also not been complied with. It is next contended that similarly placed co-accused Mohd. Vilal and Shamsher Khan have already been granted bail by this Court by order dated 20.07.2017 and 30.04.2018 passed in Criminal Misc. Bail Application No. 6723 of 2017 and 44550 o 2017 respectively. It is lastly submitted that the applicant is in jail since 27.08.2016 and the applicant has no any criminal antecedents except the present one.
On the other hand learned A.G.A. has opposed the prayer for grant of bail to the applicant but admitted that there is no criminal antecedents against the applicant.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Nasarul Shekh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the investigation in the trial and shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.
In case of default, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
Order Date :- 27.11.2018 AKT