Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48323 of 2019 Applicant :- Om Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Though the time was granted to file counter affidavit but no counter affidavit is filed.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The recovery of 550 grams 'brown colour power' has been falsely planted on the applicant. The applicant has no criminal history. He is in jail since 20.8.2019.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties and also without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant- Om Prakash be released on bail in Case Crime No.221 of 2019, under Section 21/22 Narcotics Drugs & Psychotropic Substances Act, P.S. Barsana, District- Mathura on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.11.2019 S.S.