Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15590 of 2021 Applicant :- Sandeep Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sushma Yadav,Hirdesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Sandeep Kumar, who is involved in Case Crime No. 37 of 2021, under Section 8/20 N.D.P.S Act, P.S.- Kotwali Kalpi, District- Jalaun .
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that the police party apprehended the applicant and two others accused persons and from the joint possession of all the three accused persons 23 Kg 500 gm cannabis (ganja) was recovered from the Bolero car and this 23 Kg 500 gm ganja was in total seven packets. There is no witness of public of the alleged recovery, only one packet was sent to forensic science laboratory for examination while no representative sampling was taken from other packets. The applicant has no criminal history and he is the driver of the vehicle and has been languishing in jail since 15.02.2021 On behalf of State bail has been opposed.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Sandeep Kumar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 6.4.2021 PS