Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49808 of 2021 Applicant :- Sunny @ Golu @ Aditya Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd Aamir, Neeraj Kumar Pandey, Raj Kamal Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Neeraj Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the case.
The present bail application has been filed on behalf of applicant Sunny @ Golu @ Aditya under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No.210 of 2021, under Section 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station- Aurai, District Bhadohi, during pendency of the trial.
Brief facts of the case are that the First Information Report has been lodged against the applicant and six other persons on the basis of recovery memo of 16 Kg. Ganja, which has been shown to be recovered from three vehicles i.e. Breza bearing no. U.P. 72 AY 1444, Maruti Swift Car bearing No. U.P. 70 FJ 8635 and Tata Nexon Car bearing No. U.P. 65 DU 3642 by police party on the information of the informant at about 21:00 hours on 11.09.2021.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case due to ulterior motive. As per the allegation made in the F.I.R., applicant and other co-accused Pankaj Dubey were traveling in Maruti Swift Car and from this car 5 Kg. of Ganja which is below commercial quantity has been recovered without complying the mandatory provisions of Section 42 of N.D.P.S. Act.
It is next contended that no other criminal antecedent to his credit. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 11.09.2021, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the prayer for bail. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Upon considering the totality of facts and circumstances of the case and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.
Let applicant, Sunny @ Golu @ Aditya 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 shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 23.12.2021 Sachin/-