Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 161 of 2021 Applicant :- Tirath Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Babu Verma,Anita Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 75 of 2020, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kamla Nagar, District Agra.
Brief submission of the counsel for the applicant the psychotropic substance, which is alleged to have been recovered from the possession of the applicant, is less than the commercial quantity and there is no independent eye-witness of the recovery. He further argues that there is no criminal history of the applicant except as disclosed in Paragraph 6 of the bail application pertaining to sections which do not fall under NDPS Act. He further submitted that there is nothing on record to demonstrate or to say conclusively that if the applicant is enlarged on bail, it would, in any way, affect the trial of the case and there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is in jail for a considerably period of time.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and also perusing the material on record as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Tirath Singh involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.
Order Date :- 6.1.2021 vinay