Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40557 of 2019 Applicant :- Smt. Soni Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
It is submitted by the learned counsel for the applicant that showing the recovery of 870 gram Charas the applicant has falsely been implicated in the present case. The alleged charas is below to commercial quantity. In fact, false recovery has been planted against the applicant. The applicant is an old lady she has not committed the alleged offence. The mandatory provision of section 50 of the N.D.P.S. Act has not been complied with. There is no independent witness of the alleged recovery.The criminal history of the applicant has been explained in para 16 of the affidavit filed in support of the bail application. The applicant is in jail since 18.8.2019.
Per contra, learned A.G.A opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Soni involved in Case Crime No. 796 of 2019, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Civil Lines, District Moradabad be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.9.2019 A.