Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21220 of 2019 Applicant :- Shanu Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Araf Khan,Lihazur Rahman Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Shanu Khan has prayed to release him on bail in Case Crime No. 333 of 2019, u/s 21/22 of N.D.P.S. Act, P.S. Kwarsi, District Aligarh.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number with accusation of a recovery of 500 gm of diazepam, which is below commercial quantity. Compliance of Section 50 of N.D.P.S. Act was not made. Accused applicant is of criminal antecedents but he is on bail in all those cases and has been duly explained in affidavit filed in support of bail application.There is no likelihood of repetition or applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application on the ground of alleged criminal history of five cases including the present one against accused-applicant.
Having heard learned counsels for both side and gone through material placed on record, it is apparent that alleged recovery of diazepam is below the commercial quantity. Criminal history of four cases have been duly explained and entire history is of five cases including the present case. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Shanu Khan, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 7.6.2019 Kamarjahan