Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33286 of 2019 Applicant :- Seetu Saraswat Opposite Party :- State Of U.P. Counsel for Applicant :- Lallan Prasad Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Lallan Prasad, learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The alleged recovery of 23.620 gm contraband article has been shown from the joint possession of the applicant and other co- accused, which comes 11.810 gm to the individual possession of the applicant, which is less than the commercial quantity. There is no independent witness of the alleged recovery. The compliance of provisions of section 50 N.D.P.S. Act has not been made. Co-accused Manoj Kumar Sharma has already been granted bail by another bench of this Court vide order dated 2.7.2019 passed in Criminal Misc.Bail Application No.26060 of 2019, copy of which has been produced by counsel for the applicant for perusal. The applicant has no criminal history. Learned counel for the applicant further undertakes that if the applicant is released on bail, he will not make misuse the liberty of bail. The applicant is in custody since 10.2.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant -Seetu Saraswat be released on bail in Case Crime No.16 of 2019, under Section 8A(C)/20 N.D.P.S. Act, P.S. Rajpur, District Kanpur Dehat, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.8.2019 Rk