Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26068 of 2021 Applicant :- Shahrukh Khan Opposite Party :- State of U.P. Counsel for Applicant :- D.M.Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused- applicant- Shahrukh Khan, who is involved in case crime no. 353 of 2021 under Section 8/22 of N.D.P.S. Act, Police Station- Naini, District- Prayagraj.
It is contended by learned counsel for the applicant that 110 pieces of Pheniramine Malaeate Injection IP Avil, 90 pieces of NRx Bupeen Orphine Injunction IP Leege Sic 2 ml, 120 pieces of Needle, 03 pieces Syringe and Rs. 1200 are alleged to have been recovered from the possession of the applicant is fake and planted; that there is no compliance of the mandatory provisions of the Act; that there is no chemical analyst report confirming the said contraband. There is material inconsistency in the prosecution version. It is further contended that similarly placed co-accused Vishal Bhartiya has been granted bail by Court below itself. The criminal history of the applicant has sufficiently been explained in Para19 of the Affidavit filed in support of bail application. It is lastly contended that the applicant is languishing in jail since 29.4.2021 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground 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.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 27.7.2021 S.Verma