Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23761 of 2019 Applicant :- Vijay Patel Opposite Party :- State Of Up Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Vijay Patel, who is involved in Case Crime No. 118 of 2019, under Sections 8/21 NDPS Act, I.P.C., Police Station- Mugalsarai, District- Chandauli, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number with alleged recovery of 148 grams of Heroine whereas commercial quantity is 250 grams; there is no compliance of Section 50 of the NDPS Act nor there is any independent public witness of alleged recovery; accused-applicant is of no criminal antecedents; there is no likelihood of repetition of offence and fleeing from course of justice or tampering with evidence, in case of release on bail, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but admitted recovery to be of lesser than commercial quantity, which is 250 grams and the present accused- applicant being of no criminal antecedents.
Under all above facts and circumstances, considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, a case for bail is made out.
Accordingly, this bail application is allowed.
Let the applicant, Vijay Patel, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.6.2019 bgs/