Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40784 of 2019 Applicant :- Shahjad @ Neur Opposite Party :- State of U.P.
Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No.62 of 2019, under Section 8/22 N.D.P.S. Act, P.S. G.R.P., Mughalsarai, District Chandauli.
Heard learned counsel for the applicant and the learned A.G.A. and also perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant has falsely been implicated in the present case with malicious intent showing the recovery of 120gm of Alprazolam Powder from his possession. He has also been implicated in 27 cases, in which he is already on bail. No forensic report has been submitted. There is utter violation of mandatory provision of the Act for search and seizure. There is no independent witness to support the prosecution version. The entire prosecution case is the sheer out come of personal vendetta of the police as he could not grease their palm. The applicant who is languishing in jail since 8.2.2019 deserves to be released on bail. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra, learned A.G.A. has contended that the applicant has several criminal cases to his credit. The applicant is also involved in serious offences, hence the case under the Gangsters Act has also been registered against him. There is no reason to falsely implicate the applicant leaving actual culprit. In case the applicant is allowed to be released on bail, he will again indulge in similar activity.
Looking to the facts and circumstances of the case but without expressing any opinion of the merits, let the applicant Shahjad @ Neur involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.11.2019 M. Tariq