Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45254 of 2021 Applicant :- Rajaram Opposite Party :- State Of U.P Through Its Secretary Home Up At Lucknow Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no.302 of 2021, under Sections 8/18 of N.D.P.S. Act, Police Station-Meerganj, District- Bareilly is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the police has nabbed the applicant from the highway and allegedly recovered 945 gm. of opium from his right pocket. The applicant is innocent and has falsely been implicated in the present case. Learned counsel for the applicant further submitted that there is no independent witness to the entire recovery nor there is any compliance of Section 50 of N.D.P.S. Act regarding search and seizure. Learned counsel for the applicant next submitted that the informant has falsely planted the amount of opium in his pocket. The applicant has no criminal antecedents to his credit. Learned counsel for the applicant lastly submitted that the applicant, who is in jail since 06.09.2021, is entitled to be enlarged on bail during the pendency of trial.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A, I find it to be a fit case for bail.
In view of the above, let the applicant-Rajaram be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) 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.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 29.10.2021/Sumit S Digitally signed by RAHUL CHATURVEDI Date: 2021.11.01 15:11:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad