Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8667 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Despite opportunity having been given, order dated 13.4.2018 has not been complied with by the learned A.G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is contended by the learned counsel for the applicant that the recovery is false, planted and is not supported by any independent evidence. Weight of the contraband i.e. Alprazolam powder said to have been recovered from the possession of the applicant is 350 grams against the commercial quantity of 100 grams. It is further submitted that it appears improbable that police party was present at the place of occurrence equipped with weighing scale. Referring to the Police Regulations, it is further submitted that when any police personnel leaves the police station, an Entry of the entire facts along with articles / weapons is made in the General Diary. Since despite specific direction given to the State, no such documents has been produced, hence recovery in the present matter itself becomes doubtful. It is further submitted that the mandatory provisions of N.D.P.S Act have not been complied with in the present case. Criminal history of the applicant has been properly explained in the bail application. The applicant is in jail since 16.9.2017 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.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rahul involved in Case Crime No.911 of 2017 under Section 21/22 NDPS Act, Police Station Vrindvan, District - Mathura be released on bail on his furnishing a personal bond and two heavy sureties (not less than rupees two lacs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 29.5.2018 ss