Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19280 of 2021 Applicant :- Nawab @ Bhola Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State through video conferencing and perused the record.
It is contended by the learned counsel for the applicant that 550 grams Diazapam Powder is alleged to have been recovered from the possession of the applicant. It is not clear whether the said contraband was weighed after deducting the weight of the wrapper / packet in which the said contraband was kept. It might be possible that if weight of the wrapper / packet is deducted from the total weight, the recovered quantity may come to less than the commercial quantity. Referring to the contents of the F.I.R., it is further submitted that mandatory provisions provided under the N.D.P.S. Act were not followed in this matter. Applicant is languishing in jail since 20.2.2021.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Nawab @ Bhola involved in Case Crime No.42 of 2021 under Section 21/22 N.D.P.S. Act, Police Station Sasni Gate, District - Aligarh 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 subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 13.5.2021 ss Digitally signed by Justice Om Prakash Date: 2021.05.13 16:36:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad