Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30028 of 2019 Applicant :- Rajesh Kumar Dwivedi Opposite Party :- State Of U.P. Counsel for Applicant :- Deshraj Garg Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Deshraj Garg, learned counsel for the applicant, Mr.
O. P. Singh, learned Additional Government Advocate for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case with some ulterior motive. It is further submitted by the learned counsel for the applicant that the alleged recovery of 10 kgs and 400 gms of Ganja is false, fabricated and planted. In fact, no such recovery was effected from the possession of the applicant. It is also submitted that the alleged recovered contraband is less than the commercial quantity. There is no independent witness of the alleged recovery. It was next submitted by the learned counsel for the applicant that mandatory provisions of NDPS Act has not been complied with in the present case. It is lastly submitted by the learned counsel for the applicant that similarly placed co-accused - Rajesh Dwivedi has already been granted bail by this Court vide order dated 11.07.2019 in Criminal Misc. Bail Application No. 27509 of 2019. It is submitted by the learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly submitted by the learned counsel for the applicant that the applicant has no previous criminal history in his credit and he is languishing in jail since 13.06.2019 and in case, he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicant - Rajesh Kumar Dwivedi involved in Case Crime No. 157 of 2019, under Section 08/20 of Narcotics Drugs and Psychotropic Substances Act, Police Station - Ghazipur, District - Fatehpur, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned on the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.7.2019 Zafar