Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21522 of 2019 Applicant :- Shamsuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Mohan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Shamsuddin, who is involved in Case Crime No.387 of 2019, under Sections 18/20 Narcotic Drugs and Psychotropic Substances Act, 1985, (In Short 'NDPS Act') Police Station-Ghatampur, District-Kanpur Nagar, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number with an accusation of recovery of 925 gms Charas, which is much less than commercial quantity whereas no such recovery was there nor was there any independent public eye witness nor compliance of Section 50 of NDPS Act; accused-applicant is of no criminal antecedents. There is no likelihood of his tampering with evidence or fleeing from course of justice or repeating the same offence in case of release on bail. Hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not oppose this fact that the present accused application was of no criminal antecedent till above date of recovery.
Having heard learned counsel for both sides and gone through the materials, placed on record, but without commenting on merits of the case, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, the Court is of the view that a case for bail is made out.
Accordingly, this bail application is allowed.
Let the applicant, Shamsuddin, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 3.6.2019 bgs/