Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22924 of 2019 Applicant :- Tahir @ Chini Opposite Party :- State Of U.P.
Counsel for Applicant :- Pravesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Applicant- Tahir @ Chini seeks bail in Case Crime No.85 of 2019, under Section 8/21/22 Narcotic Drugs and Psychotropic Substance Act, Police Station-Khurja Dehat, District- Bulandshahar.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that 60 gram Alprazolam is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from the applicant. It is further submitted that the alleged recovery is false, concocted and planted. It is next submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant who is in jail since 1.4.2019 and whose criminal history has been explained in paragraph 2 of the supplementary affidavit filed before the Court today and is taken on record, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.
Without expressing any opinion on the merits, let the applicant Tahir @ Chini involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 Shalini