Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33533 of 2018 Applicant :- Salim Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Singh,Ankur Singh Kushwaha,Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit filed by the learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution story F.I.R. was lodged against Salim Khan alleging that on 26.7.2018, medical store of the applicant was inspected and it was found that without prescription, he was selling injection, which is covered under Section 8/21 of N.D.P.S. Act but recovered material 1.50 gms was found below commercial quantity.
Learned counsel for the applicant submitted that the applicant is the licence holder of the medical store, a copy of which is annexed as page 25 of the bail application which is valid from 13.7.2017 to 12.7.2022. The applicant has been falsely implicated; the recovered material is very low and is below commercial quantity; provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. Provision of Section 50 N.D.P.S. Act has not been complied with. Applicant is languishing in jail since 26.7.2018 (more than three months); having no criminal history; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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, and 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 Salim Khan involved in Case Crime No. 437 of 2018, under Section 8/21 NDPS Act, Police Station-Kandhla, District-Shamli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 court below shall be at liberty to cancel the bail.
Order Date :- 29.10.2018 OP