Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15036 of 2018 Applicant :- Shiv Kumar @ Lala Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Certified copy of the FIR filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Recovery is false, planted and is not supported by any independent witness. Weight of the contraband shown in the recovery memo is not based on excluding the weight of the packet in which said contraband had been kept. It is further submitted that if the weight of the packet is excluded from the total weight, it might be possible that weight of the contraband may come to less than commercial quantity. The applicant has no criminal history and is in jail since 16.01.2018.
On the other hand, learned AGA opposed the prayer for bail.
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 Shiv Kumar @ Lala involved in Case Crime No. 45 of 2018, under Section 8/20 of N.D.P.S. Act, Police Station Dankaur, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further before issuing the release order, the sureties be verified.
1. The applicants 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 24.4.2018 Sanjeet