Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20685 of 2018 Applicant :- Rupee Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has not committed the present offence. Recovery is false, planted and is not supported by any independent witness. Mandatory provisions of search and seizure have not been followed in strict sense. Total weight of the contraband said to have been recovered from the possession of the applicant is 500 gms. against the commercial quantity of 500 gms. Weight of the packet in which the said contraband has been kept is deducted or not is not clear. The applicant has no criminal history. The applicant is in jail since 5.5.2018.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, without expressing any opinion on the 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 Rupee involved in Case Crime No. 296 of 2018, under Section 21/22 N.D.P.S. Act, Police Station Akrabad, District - Aligarh be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 31.5.2018 Sachdeva