Heard on Criminal Misc. Exemption Application No.1 The Exemption Application is allowed.
Heard on Bail Application.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
By means of this application, the applicant who is involved in Case Crime No. 695 of 2020, under sections-8/20/29 of N. D. P. S. Act, P.S.- Baradari, District Bareilly and is in jail since 30.11.2020, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that applicant is absolutely innocent and has been falsely implicated in the present case. It is also submitted that and nothing incriminating has been recovered from the possession of applicant and the name of accused-applicant has surfaced on the basis of confessional statement of co-accused and it was mentioned that accused-applicant is the supplier of the drug. He further submitts that co-accused Shiva, Kallu @ Dinesh Rajput and Mohd. Ali @ Aleem Akhtar have been enlarged on bail by another Benches of this Court vide orders dated 11.11.2020, 18.11.2020 and 17.11.2021 passed in Criminal Misc. Bail Application Nos. 37100 of 2020 (Shiva), 38911 of 2020 (Kallu @ Dinesh Rajput) and 37978 of 2020 (Mohd. Ali @ Aleem Akhtar), copies of the bail orders are annexed as Annexure No. 2 & 3 to the affidavit filed in support of this bail application. The criminal history of applicant has been explained in paragraph no. 17 at the affidavit. He has further submitted that there has been no compliance of Section 42 and Section 50 of N.D.P.S. Act. Lastly it is argued that the applicant is in jail since 30.11.2020 and that in case the applicant is enlarged on bail, she will not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Rabiya Akhtar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.1.2021/Md Faisal