Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37748 of 2017 Applicant :- Ompal Opposite Party :- State Of U.P.
Counsel for Applicant :- Nirbhay Singh,Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He has not committed any offence. Recovery is false, planted and is not supported by any independent evidence. At this stage, learned counsel has referred to the recovery memo and argued that in the first line of the recovery memo, weight of the contraband is shown as 250 grams intoxicating powder, but in the body, weight of the recovered contraband is shown as 550 grams. This fact itself indicates that a false recovery memo was prepared by the police in this case. Referring to the contents of the recovery memo, again is argued that legal rights available to the applicant were not informed to him in strict sense for search before the Magistrate / Gazetted Officer. Thus, there is violation of the provisions of Section 50 of the N.D.P.S. Act. The mandatory provisions of N.D.P.S Act have not been complied with in the present case. The criminal history of the applicant has been properly explained. Applicant is in jail since 8.8.2017 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, 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 Ompal involved in Case Crime No.679 of 2017 under Section 21/22 N.D.P.S. Act, Police Station Narkhi, District - Firozabad be released on bail on his furnishing a personal bond and two heavy sureties (not less than rupees four lacs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
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 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, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 29.5.2018 ss