Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12028 of 2021 Applicant :- Naushad Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Singh, Akshaivar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 68 of 2021, under Section 8/18 of N.D.P.S. Act, P.S. Behat, District Saharanpur.
It has been contended by the learned counsel for the applicant that as per the allegation in the F.I.R. only 80 gram of opium (afeem) is alleged to have been recovered from the possession of the applicant which is below the commercial quantity. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant, who is in jail since 4.2.2021 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail. Hence, the bail application is hereby allowed.
Let applicant Naushad be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions, which are being imposed in the interest of justice:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 applicants and sureties be verified by the court concerned before the bonds are accepted.
In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the applicants may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
Order Date :- 8.4.2021 Jaswant