Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30617 of 2019 Applicant :- Pramod Kumar Maurya Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 71 of 2019, under Section 8/22 U.P. N.D.P.S. Act, P.S. Karma, District Sonbhadra with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that 100 gm of 'hiroin' is alleged to have been recovered from the possession of the applicant which is less than the commercial quantity. It is further contended that there is no independent witness to the alleged recovery. It is next contended that the mandatory provisions of the N.D.P.S., Act has not been complied with. It is also contended that the applicant is in jail since 23.06.2019 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.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Pramod Kumar Maurya involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witness.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commision of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any persons 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.
It case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 31.7.2019 Sachin