Supplementary affidavit filed by the applicant along with certified copy of the FIR is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant - Shiv Prakash @ Baua with a prayer to enlarge him on bail in case crime no. 211 of 2020 under Section 18/20 of N.D.P.S. Act, P.S. Nawabganj, District - Kanpur Nagar, during the pendency of the trial.
As per the FIR version, contraband substance (Ganja) weighing about 1 kg 300 gms had been shown to be recovered from the possession of the present applicant.
Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the present FIR showing him as an accused under the N.D.P.S. Act and in fact, no such incriminating material has been recovered from him. It is further submitted that the applicant has no concern with the earlier case registered as case crime no. 250 of 2019 under Section 8/20 of N.D.P.S. Act as mentioned in the FIR and has falsely been implicated only to create an evidence against him. It is also submitted that recovered quantity of Ganja, as shown in the FIR, is less than the commercial quantity. Neither was there any public witness nor eye witness to this account. It is further submitted that after lodging of the present FIR, the applicant has falsely been implicated in another criminal case under the Gangster Act, which is a result of machination.It is submitted at the Bar that except the cases, as mentioned above, the applicant is not wanted in any other criminal cases. Learned counsel for the applicant submitted that in case the applicant is released on bail he will not misuse the liberty of bail and there is no apprehension of his absconding or hampering the trial in any manner. The applicant is in jail since 26.6.2020.
Per contra, learned A.G.A. has vehemently opposed the bail application and contended that his innocence cannot be adjudicated at pre trail stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case he is released on bail, he may misuse the liberty of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Shiv Prakash @ Baua be released on bail in case crime no. 211 of 2020 under Section 18/20 of N.D.P.S. Act, P.S. Nawabganj, District - Kanpur Nagar, 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 and will not harm or harass the victim/complainant in any manner whatsoever.
(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.
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.
Order Date :- 18.2.2021 nd