Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15090 of 2018 Applicant :- Ram Darash Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the co-accused Santosh Chauhan has been released on bail by this Court vide order dated 23.9.2016 passed in criminal misc. bail application no.32942 of 2016. The case of the applicant stands on same footing. It is further submitted that the recovery of alprazolem shown against the applicant is only 5 grams excess to the commercial quantity. If the weight of the packet in which the said contraband was kept is excluded, it might be possible that the total weight may come to less than commercial quantity. It is next contended that the applicant has been falsely implicated in the present case. Criminal history . Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. He is languishing in jail since 12.3.2016.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, the fact that the co-accused has already been released on bail and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ram Darash Nishad involved in Case Crime No. 135 of 2016 (S.S.T. No. 459/2016), under Section 8/21/22 NDPS Act, Police Station G.R.P., Gorakhpur, District - Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties (not less than Rs. 2,00,000/-) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.4.2018 ss