Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33812 of 2019 Applicant :- Shubham Opposite Party :- State Of U.P.
Counsel for Applicant :- Shive Datta Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Shive Datta Yadav, learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The recovery of 80 grams alprazolam has been falsely planted on the applicant. There is no independent witness of the alleged recovery. The compliance of provisions of section 50 N.D.P.S. Act has not been made. The applicant has no criminal history. Learned counsel for the applicant further undertakes that if the applicant is released on bail, he will not make misuse the liberty of bail. The applicant is in custody since 2.8.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment 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 -Shubham be released on bail in Case Crime No. 485 of 2019, under Section 21/22 N.D.P.S. Act, P.S. G.R.P. Kanpur, 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.
(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 :- 26.8.2019 Rk