Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44653 of 2021 Applicant :- Sagar Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 279 of 2021, under Sections 8/20/29 of N.D.P.S. Act 1985, Police Station Shamli, District Shamli, with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. The alleged recovery of 500 gram charas, is false and baseless and there is no independent witness of alleged recovery. It was also submitted that the mandatory provisions of N.D.P.S. Act including Section 50 of the N.D.P.S. Act have not been complied with. It was further submitted that applicant was not arrested on the spot and no recovery has been made from his possession. It was further submitted that the alleged recovered charas is less than the commercial quantity and co- accused Mohd. Sanawwar, who was apprehended at the spot, has already been granted bail by co-ordinate Bench of this Court vide order dated 08.09.2021, passed in Criminal Misc. Bail Application No. 31737 of 2021. It was stated that criminal history of two cases under Gambling Act shown against the applicant, has duly been explained. Lastly, it was submitted that the applicant is languishing in jail since 13.09.2021 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Sagar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 27.10.2021 A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.10.28 10:22:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad