Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21992 of 2019 Applicant :- Prem Narayan Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Gupta 2 Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Prem Narayan Gupta, who is involved in Case Crime No. 29 of 2019, under Section 21/22 N.D.P.S. Act, P.S. Kotwali, District Fatehpur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number with alleged recovery of 30 grams Smack from him, which is much less than commercial quantity of 250 grams given in schedule. Accused-applicant is of no criminal antecedent. There is no compliance of Section 50 of the Act. There is no independent public witness of alleged recovery. There is no likelihood of repetition of offence, fleeing from course of justice or tampering with evidence. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Having heard learned counsel for both sides and gone through the material placed on record, it is apparent that recovery is said to be of 30 grams Smack, which is much less than commercial quantity. Accused-applicant is of no criminal antecedent. There is no independent public witness of alleged recovery.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Prem Narayan Gupta, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.6.2019 NS