Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40406 of 2019 Applicant :- V.P. Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
It is submitted by learned counsel for the applicant that allegation against the applicant is that the applicant was driving motorcycle. Sipattar was pillion rider who was holding 3 plastic bags in which 26.770 kg. doda was recovered which is below to commercial quantity. It has been further submitted that there is no independent witness of the alleged recovery. False recovery has been planted against the applicant. Mandatory provision of Section 50 of N.D.P.S. Act has not been complied with. There is no likelihood of absconding of the applicant, if he is enlarged on bail. There is no criminal history of the applicant and is in jail since 7.8.2019..
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant V.P. Singh involved in Case Crime No. 322 of 2019, under Section 8/15 N.D.P.S. Act, Police Station Civil Lines District Budaun 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.9.2019/Gss