Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40453 of 2019 Applicant :- Rukhsar @ Ruksar Opposite Party :- State Of U.P. Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that showing the recovery of 115 gm diazepam powder, the applicant has been falsely implicated in this case. The alleged recovery of diazepam powder is below to commercial quantity. There is no independent witness of the alleged recovery. False recovery has been planted against the applicant. The mandatory provision of section 50 of N.D.P.S. Act has not been complied with. The applicant is a lady. The criminal history of the applicant has been explained in paragraph no. 13 of the affidavit filed in support of bail application and she is in jail since 5.8.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Rukhsar @ Ruksar involved in Case Crime No.476 of 2019, under Section 21/22 N.D.P.S. Act, Police Station Kotwali District Jhansi be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.9.2019/Gss