Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20974 of 2019 Applicant :- Saleem Alias Sonu Ganja Opposite Party :- State Of U.P.
Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Saleem Alias Sonu Ganja has prayed to release him on bail in Case Crime No. 292 of 2019, u/s 8/21 of N.D.P.S. Act, P.S. Mandi, District Saharanpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number with accusation of recovery of 15gm of smack whereas up to 10gm is small quantity and 100 gm is commercial quantity. Though no such recovery was there nor compliance of Section 50 of N.D.P.S. Act was made nor there was any independent public witness but accused applicant being of no criminal antecedent, prays for bail.
Learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Saleem Alias Sonu Ganja, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
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 :- 4.6.2019 Kamarjahan