Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23700 of 2019 Applicant :- Raj Kumar Opposite Party :- State Of Up Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
By means of this application the applicant Raj Kumar has prayed to release him on bail in Case Crime No. 220 of 2019, u/s 8/21 N.D.P.S. Act, P.S. Sikandra, District Agra.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number with accusation of alleged recovery of 150gm smack, whereas commercial quantity is above 250gm. Applicant's criminal history of four cases have been explained in affidavit filed in support of the bail application, wherein he is on bail. 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 AGA has vehemently opposed the bail application.
Having heard learned counsel for both sides and gone through the material placed on record, It is apparent that the alleged recovery is much less than provided commercial quantity and criminal antecedent of the accused-applicant has been duly explained on which he is on bail.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Raj Kumar involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 Radhika