Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31289 of 2019 Applicant :- Tasleem Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Supplementary affidavit has been filed by learned counsel for applicant today in the Court, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. The recovery of prohibited contraband (Charas) has been falsely planted on the applicant. There is no independent witness of the alleged recovery and the compliance of provisions of section 50 N.D.P.S. Act has not been made. There is a criminal history of seven cases against the applicant which have been explained in para 3 of the supplementary affidavit. The applicant has no criminal history and he undertakes that he will not misuse the liberty of bail. The applicant is in custody since 15.05.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without expressing any view on the merits of the case, this Court is of the opinion that it is a fit case for bail.
Let the applicant Tasleem be released on bail in Case Crime No. 107 of 2019, under Sections 8B/20 N.D.P.S. Act, P.S.- G.R.P. Moradabad, District- Moradabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed.
Order Date :- 21.8.2019 Sharad/-