Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41181 of 2021 Applicant :- Nitin Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Adesh Kumar Dixit Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It has been further argued that prosecution has not given specific number of wrapper and bottles which were used for packing of the illegally manufactured sanitizer. It has been further argued that the applicant is languishing in jail since 08.05.2021 and have no criminal history and that, in case, he is released on bail, he will not misuse the liberty of bail and will co-operate with the trial. It is further contended that applicant has valid licence of Cosmetics. It is further contended that Section 50 of the N.D.P.S. has not been complied with. There is no recovery of any contraband material from the accused- applicant.
Learned A.G.A. though opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances 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 Nitin Kumar involved in Case Crime No.359 of 2021, under Sections 18A/27A Drugs & Cosmetics Act, 274, 275, 276, 419, 420 IPC and 52/53 Disaster Management Act & 3(1) Pandemic Act, Police Station-Delhi Gate, District- Aligarh, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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 them 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 condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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 :- 21.12.2021 Jyotsana