Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16191 of 2021 Applicant :- Sukhveer Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Sukhveer, who is involved in Case Crime No. 68 of 2021, under Sections 8/21, 22, 25, 26 N.D.P.S Act, P.S.- Mandi, District- Saharanpur.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that police party apprehended the applicant and five other co- accused on the prior information of the informant (mukhbir) that applicant and other co-accused are alleged to carry the medicines for which they were not having licence and from the possession of the applicant 10 injections of penjink are alleged to be recovered from the right pocket of the pant. There is no independent witness of the alleged recovery. No compliance of provisions of Section 50 of NDPS Act has been made. More over, it is also submitted that the alleged 10 injections of penjink are not figured in the schedule given in the Narcotics Drugs and Psychotropic Substances Act to show whether the same is Narcotics Drugs and Psychotropic Substance or not. The applicant has no criminal history and has been languishing in jail since 30.01.2021.
Learned A.G.A opposed the contentions made by the learned counsel for the applicant but conceded that the alleged contra band is not figured in the schedule given in the Narcotics Drugs and Psychotropic Substances Act In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Sukhveer, 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 with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) 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, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 7.4.2021 PS