Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4108 of 2019 Applicant :- Shivam @ Haidar Opposite Party :- State Of U.P.
Counsel for Applicant :- P.K. Singh,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Shivam @ Haidar seeks bail in Case Crime No. 916 of 2018, under Section 18/22 of N.D.P.S. Act, P.S. Barra, District- Kanpur Nagar.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that even according to prosecution own case, 3 k.g. of Ganja is said to have been recovered from the possession of the applicant, which is below the commercial quantity. Learned counsel for the applicant has next submitted that necessary compliance of provisions of search and seizure under the N.D.P.S. Act has also not been strictly adhered to. Lastly, it is submitted that applicant is in jail since 5.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The criminal history of the applicant has been explained in paragraph- 6 of the affidavit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 5.11.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Shivam @ Haidar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.1.2019 KU