Court No. - 55
Case:CRIMINAL MISC. BAIL APPLICATION No.16012 of 2019 Applicant :- Shyam Sunder Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sher Bahadur Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Supplementary and counter affidavits filed today, are taken on record.
Heard Sri Sher Bahadur Yadav, learned counsel for the applicant and Sri G.P. Singh, learned AGA for the State.
Learned counsel for the applicant submitted that the applicant is in jail since 14.08.2018. It is further submitted that the criminal antecedents have been explained in the rejoinder and the supplementary affidavits. It is also submitted that the previous case under the N.D.P.S., Act was completely a false case and only 8gms of heroin is said to have been recovered and that too in the absence of the applicant. Papers, relating to the previous case under N.D.P.S. Act, have been annexed in the rejoinder and supplementary affidavits. It is next submitted that the applicant has been falsely implicated due to enmity with the police. It is lastly submitted that the recovery was not made in accordance with the law.
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- Shyam Sunder Chauhan, be released on bail in Case Crime No. 0831 of 2018, under Sections 8/22 N.D.P.S. Act, Police Station- Cantt., district- Varanasi, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence 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 :- 30.5.2019 P Kesari [Vikram Nath, J.]