Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39703 of 2019 Applicant :- Rohit @ Deependra @ Chinki Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.519 of 2019, under Section 8/20 of N.D.P.S. Act, Police Station Sadar Bazar, District Agra during the pendency of trial.
Heard learned counsel for the applicant and the learned A.G.A. and also perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant has falsely been implicated in the present case with malicious intent showing the recovery of 1.08 Kg of diazepam Powder from his possession. The applicant was initially arrested in a case under Sections 379,411 IPC with respect to the recovery of Rs.2600/- and at the same time, he has also been roped in the present case. There is utter violation of mandatory provision of the Act for search and seizure. There is no independent witness to support the prosecution version. The criminal cases pending against the applicant are sheer outcome of personal vendetta of the police as he could not grease their palm. In all the cases he is already on bail. The applicant who is languishing in jail since 24.6.2019 deserves to be released on bail. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra, learned A.G.A. has contended that long criminal history pending against the applicant clearly shows his involvement in the case. In case the applicant is allowed to be released on bail, he will again indulge in similar activity.
Looking to the facts and circumstances of the case but without expressing any opinion of the merits, let the applicant Rohit @ Deependra @ Chinki involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 M. Tariq