Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28514 of 2018 Applicant :- Shailendra Singh @ Bulbul Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons namely Munni Lal Raut @ Ravi Raut, Pradeep Yadav, Shalendra Singh @ Bulbul, Atul Singh and Sudhir alleging that on 1.5.2018, accused Munni Lal Raut @ Ravi Raut was arrested by the police with 30 Kg. 400 gram Ganja; accused Pradeep Yadav was arrested by the police with 15 Kg. 600 gram Ganja; accused Shailendra Singh @ Bulbul was arrested by the police with 15 Kg. 800 gram Ganja; accused Atul Singh was arrested by the police with 15 Kg. 750 gram Ganja; accused Sudhir Singh was arrested by the police with 15 Kg. 600 gram Ganja.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. There is no independent witness to support the prosecution version. The recovery shown by the Police is less than the commercial quantity. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. Provision of Section 50 N.D.P.S. Act has not been complied with. Applicant is languishing in jail since 1.5.2018 (near about three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shailendra Singh @ Bulbul involved in Case Crime No. 138 of 2018, under Section 8/20 NDPS Act, Police Station Alinagar, District - Chandauli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2018 A. Singh