Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18692 of 2021 Applicant :- Saif Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Agarwal,Saurabh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State through video conferencing and perused the record.
Accused-applicant involved in Case Crime No. 114 of 2021, under Sections 8/21 of N.D.P.S. Act, 1985, Police Station- Robertsganj, District Sonbhadra applied for bail.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The recovery of 53 gram Heroin has been falsely planted on the applicant. The alleged recovered 53 gram Heroin is much below from the commercial quantity. There is no independent witness of the alleged recovery. The compliance of provisions of Section 50 N.D.P.S. Act has not been made.The applicant has two cases criminal history which have been explained in paragraph nos. 23, 24 and 25 of the affidavit filed in support of bail application. The applicant undertakes that he will not misuse the liberty of bail. The applicant is in jail since 08.03.2021.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant- Saif Khan be released on bail in the aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
1. The applicant will not tamper with prosecution evidence.
2. The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
3. The applicant will not indulge in any unlawful activities.
4. The applicant will not misuse the liberty of bail in any manner whatsoever.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.5.2021 AKT Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 13:36:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad