Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4818 of 2018 Applicant :- Raju @ Pindi Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Applicant- Raju @ Pindi seeks bail in Case Crime No. 544 of 2017 under Section 21/22 N.D.P.S Act, 1985 Police Station Kotwali Farrukhabad, District Farrukhabad during the pendency of trial.
As per prosecution story, on 23.6.2017, the applicant was arrested by the police alongwith 250gm Alprazolam.
It is contended on behalf of learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case and no any recovery was made from his possession. The applicant is languishing in jail since 23.6.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Without expressing any opinion on the merits, let the applicant Raju @ Pindi involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 27.3.2018 Deepika