Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33470 of 2019 Applicant :- Shahjad @ Chota Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhitosh Mishra,Pushpendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard 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 recovery of 350 tables (35 grams) Alprazolam Becalam Tablets has been falsely planted on the applicant. 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. The applicant has criminal history of one case in which he has been granted bail by this Court as it has been explained in para 18 of the affidavit filed in support of the bail application. Learned counsel for the further undertakes that if the applicant is released on bail, he will not misuse the liberty of bail. The applicant is in custody since 20.7.2019.
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 -Shahjad @ Chota be released on bail in Case Crime No.0610 of 2019, under Section 21/22 N.D.P.S. Act, P.S. Sikandrabad, District Bulandshahr, 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 :- 22.8.2019 Rk