Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been moved by the applicant Rohit @ Akhil in case crime no.408 of 2010, under Section 18/20 N.D.P.S. Act, P.S. Nauchandi, District Meerut, with a prayer that he may be admitted to bail. It is contended by the learned counsel for the applicant, that on 23/5/2010, the applicant and other co-accused person arrested by the police on account of recovery of 200 gm of Charas from the possession of the each, of which no compliance of the mandatory provisions of the said Act has been done at the time of alleged recovery, The recovered contraband has not been sent for chemical examination and there is no independent witness of the alleged recovery and the applicant has been falsely implicated in the case. The applicant is in jail since 23.5.2010, and in case he is enlarged on bail, he will not misuse the liberty of bail.
In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Rohit @ Akhil involved in case crime no.409 of 2010, under Section 18/20 N.D.P.S. Act, P.S. Nauchandi, District Meerut, be enlarged on bail on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed. Identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 14.6.2010 Sunil Kr Tiwari