Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13924 of 2021 Applicant :- Pradeep Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, Sri G. P. Singh, learned A.G.A. for the State and perused the record.
The present bail application has been moved on behalf of the applicant in Case Crime No. 34 of 2021, under Section 8/21 of N.D.P.S. Act, P.S. Gangoh, District Saharanpur with a prayer that he may be admitted to bail.
It is argued by the learned counsel for the applicant that false recovery of 10 Gms. smack is shown to have been made from the possession of the accused applicant which is below commercial quantity. He has further argued that he has nothing to do with the said recovery. The quantity shown to have been recovered is less than commercial. No compliance of the mandatory provision of Section 50 of N.D.P.S. Act has been made at the time of alleged search and seizure. There is no independent witness of the alleged recovery and the applicant has been falsely implicated in the case. The applicant has no criminal history; he is in jail since 24.01.2021, 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 grant of bail but could not controvert the aforesaid facts.
Looking to the aforesaid facts, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Pradeep involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.4.2021 VPS