Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47230 of 2017 Applicant :- Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel further contends that 450 gram of diazepam powder is alleged to have been recovered from the possession of the applicant when in fact no such recovery has been made from the person of the applicant. Learned counsel further contends that there is no public witness of the alleged recovery. Learned counsel further contends that the mandatory provisions of N.D.P.S. Act have not been followed. Learned counsel lastly contends that applicant is not a previous convict and there is no chance of his either fleeing away from the judicial process or tampering away with the witnesses. Applicant is languishing in jail since 14.8.2016 and if he is released on bail, he will not misuse the liberty of bail, if granted.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, I find it a case of bail.
Let the applicant Rakesh involved in case crime no.223 of 2016, under Section 21/22 of N.D.P.S. Act, P.S. Mant, District Mathura, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.3.2018/Rishabh