Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16843 of 2021 Applicant :- Sajid Opposite Party :- State of U.P.
Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Rizwan Ullah Siddiqui, learned counsel for applicant, learned A.G.A. through video conferencing and perused the record.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and has not committed the present offence. He has been falsely implicated by showing fictitious recovery. It is further submitted that recovery is false, planted and is not supported by independent evidence. Total quantity of the contraband is of 220 gm Charas which is less than commercial quantity. Referring to the schedule annexed with the N.D.P.S. Act, it is further submitted that commercial quantity of the contraband said to have been recovered is of 1 kg. He has no previous criminal history. He is in jail since 01.03.2021.
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 Sajid involved in Case Crime No. 0133 of 2021, under Section 08/20 N.D.P.S. Act, P.S.- Kotwali Mandi, District- Saharanpur. 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.
1. The applicants 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 10.5.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.05.10 16:41:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad