Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49903 of 2021 Applicant :- Salim @ Piddi Opposite Party :- State Of U.P. Through Secretary Home And State Law Affairs Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 058 of 2021 under Section 8/22 of N.D.P.S. Act registered at P.S.- Makkhanpur, District- Firozabad.
Submission of learned counsel for the applicant is that he has been falsely implicated in this case. Learned counsel for the accused-applicant submits that 9.144 kg. ganja is alleged to have been recovered from the possession of the applicant; the narcotic substance, alleged to have been recovered from the possession of the applicant, is below the commercial quantity. He has explained criminal history in para 15 of the Affidavit filed in support of Bail Application. Further submitted that the applicant is languishing in jail since 05.03.2021.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Salim @ Piddi involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 A. Mandhani Digitally signed by ANIL KUMAR OJHA Date: 2021.12.24 14:10:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad