Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12320 of 2021 Applicant :- Shahrukh Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Anil Kumar Mishra, learned counsel for applicant and learned A.G.A. for State.
2. Perused the record.
3. Instant bail application has been filed by applicant-Shahrukh for seeking his enlargement on bail in Case Crime No.17 of 2021, under section 8/20 N.D.P.S. Act, P.S.-Chilkana, District- Saharanpur, during pendency of trial.
4. Learned counsel for applicant contends that applicant has been falsely implicated in the present case. The alleged recovery of 115 Gram charas has been falsely planted on the applicant, which is less than commercial quantity. There is no independent witness of the alleged recovery and the compliance of provisions of section 50 N.D.P.S. Act has not been made. The applicant undertakes that he will not misuse the liberty of bail. Applicant is in custody since 23.01.2021.
5. Learned A.G.A. vehemently opposed the prayer of bail.
6. 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 expressing any view on the merits of the case, this Court is of the opinion that it is a fit case for bail.
7. Let the applicant-Shahrukh be released on bail in Case Crime No.17 of 2021, under section 8/20 N.D.P.S. Act, P.S.- Chilkana, District-Saharanpur, 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.
8. 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.
9. Accordingly, the instant bail application is allowed.
Order Date :- 8.4.2021 YK