Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15189 of 2021 Applicant :- Tarun Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Harish Chandra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Supplementary affidavit filed today by learned counsel for the applicant. The same is taken on record.
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), Tarun Sharma, who is involved in Case Crime No. 33 of 2021, under Section 8/22 of NDPS Act, P.S.- Vijay Nagar, District- Ghaziabad.
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 the police party apprehended the applicant and 140 gm Alprazolam is alleged to be recovered from the applicant. The alleged recovery is manipulated and false. There is no independent witness of the alleged recovery. No compliance of provisions of Section 50 of NDPS Act has been made. There is criminal history of two cases of the applicant which is explained in para-4, 6 and 7 of the supplementary affidavit and in both the cases applicant is on bail. The applicant has been languishing in jail since 11.01.2021.
Learned A.G.A. vehemently opposed the prayer for bail and contended that the alleged recovery was made from the personal search of the applicant but conceded that no compliance of Section 50 N.D.P.S Act was made.
The intoxicating substance, which was recovered, is alleged to be Alprazolam. No chemical examination report of the same is on record. Moreover, the perusal of FIR shows no compliance of Section 50 of NDPS Act was made in view of case law in Narcotics Control Bureau Vs. Sukhdev Raj Sodhi, 2011(74) ACC 589 and the Constitutional Bench of Apex Court in Vijay Sinh Jadeja Vs. State of Gujarat, 2011(72) ACC 286.
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), Tarun Sharma, 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 :- 8.4.2021 PS