Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40407 of 2019 Applicant :- Pappu Opposite Party :- State Of U.P. Counsel for Applicant :- Ved Ratan Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case showing a recovery of 500 gm of diazepam powder. In fact, the applicant has no concern with the alleged recovery. False recovery has been planted against him. The applicant has not committed the alleged offence. The mandatory provision of section 50 of N.D.P.S. Act has not been complied with. There is no independent witness of the alleged recovery. The applicant is a vegetables seller and he was arrested by the police when he was coming after closing his shop. There is no criminal history of the applicant and there is no likelihood of absconding of applicant if he is released on bail. The applicant is in jail since 10.8.2019..
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Pappu involved in Case Crime No.365 of 2019, under Section 21/22 of N.D.P.S. Act, Police Station Gandhi Park District Aligarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.9.2019/Gss