Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27003 of 2021 Applicant :- Rinku Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Srivastava,Girish Chandra Maurya,Vishal Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit and rejoinder affidavit filed by learned counsel counsel for the applicant, are taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The alleged recovery of 145 gm alprazolam is thoroughly false and it was planted upon the applicant. There is no independent witness of alleged recovery. The mandatory provisions of NDPS Act, including the provision of Section 50 of the Act, have not complied with. Alleged recovery was shown at a busy road in the mid of town but despite that there is no independent witness of alleged recovery. It was submitted that infact when the applicant was returning to his home after doing labour work, in the way he was stopped by the police and some hot talk has taken place and thereafter the applicant was falsely implicated in this case, showing the alleged false recovery. It was further submitted that one case under Section 392 IPC was also imposed upon the applicant but he has already granted bail in that case. Criminal history of applicant has been duly explained in supplementary affidavit. It was submitted that the applicant is languishing in jail since 2.4.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Rinku Singh involved in Case Crime No. 337 of 2021, under Section 8/22 N.D.P.S. Act, Police Station Vijay Nagar, District Ghaziabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 SA