Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21551 of 2019 Applicant :- Shahid Pichcha Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Shahrum Khan,Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of the applicant, Shahid Pichcha, who is involved in Case Crime No. 69 of 2019, under Section 18/20 of the N.D.P.S. Act, Police Station Beconganj, District Kanpur Nagar.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated in the case. The quantity of charas which has been found from the possession of the applicant is not above the commercial quantity. The counsel for the applicant has, after explaining the criminal history in paragraph 9 of the affidavit, submitted that simply to keep the applicant behind bars, the instant case has also been registered. Further contention of the learned counsel for the applicant is that the recovery was not made in the presence of any independent witness. The provisions of Section 50 of the N.D.P.S. Act have also not been complied with at the time of the alleged search and recovery. It is lastly contended that the applicant has no other criminal history and is in jail since 26.3.2019 and if he is released on bail, there would be no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses On the other hand, learned A.G.A. opposed the prayer for bail.
Upon hearing the learned counsel for the applicant and upon perusal of the 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, Shahid Pichcha, be released on bail in Case Crime No.69 of 2019, under Section 18/20 of the N.D.P.S. Act, Police Station Beconganj, District Kanpur Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate / Court concerned, subject to the following conditions:
(i) The applicant will not tamper with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court and will attend the court on every date. He will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(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 the court concerned and in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.6.2019 praveen.