Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16274 of 2021 Applicant :- Tafajjul Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Ali Hasan,Istiyaq Ali 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), Tafajjul Khan, who is involved in Case Crime No. 327 of 2020, under Sections 8/21/29/60 of NDPS Act, P.S.- Fareedpur, District- Bareilly.
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 as per FIR case 50 grams of smack is alleged to be recovered from the possession of co-accused Om Prakash @ Bade. In the confessional statement of co-accused Om Prakash @ Bade the name of applicant-Tafajjul Khan has been surfaced in which co- accused has alleged that he has purchased the alleged smack from the applicant to which the applicant has no concerned. The applicant is not at all involved in the alleged offence. Nothing incriminating article has been recovered from the possession of the applicant. The applicant has been languishing in jail since 4.3.2021 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for bail.
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), Tafajjul Khan, 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 Prajapati