Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2397 of 2018 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Ashutosh Gupta,Mr Jitendra Pratap,A/V0010 Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. It has been further contended that 250 gram of Alprazolam 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 independent witness of the alleged recovery and the applicant has no criminal history. Learned counsel further contends that the mandatory provisions of N.D.P.S. Act has not been followed. He also placed reliance upon the order dated 25.8.2017 passed in Criminal Misc. Bail Application No. 31290 of 2017 where 01 kg. 100 gm. of Alprazolam powder was recovered and this Court was pleased to grant bail. Learned counsel lastly contends that 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 08.10.2017 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
State has filed counter affidavit but nothing was found in the counter affidavit, which may prevent this Court to grant 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, let the applicant Ravi, involved in case crime No. 325 of 2017, under Section 21/22 N.D.P.S. Act, police station Magorra, 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:-
1. The applicant shall not indulge in any criminal activity;
2. The applicant shall not tamper with the prosecution evidence;
3. The applicant shall not pressurize the prosecution witnesses;
4. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 24.8.2018 Arvind