The court released the applicant on bail in a criminal matter involving alleged possession of Alprazolam under the NDPS Act, imposing standard conditions regarding evidence tampering, cooperation, and refraining from future crimes.
Applicant released on bail on personal bond and two local sureties of like amount.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14564 of 2019
Applicant :- Surendra Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Krishna Dutt Tiwari, learned counsel for the applicant, Mr. Vivek Dubey, learned Additional Government Advocate for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in this case. It is further contended by the learned counsel for the applicant that 90 gms Alprazolam is alleged to have been recovered from the possession of the applicant. In fact no such recovery was effected from his possession. It is further contended that the alleged recovered contraband, which is false, fabricated and concocted, is less than the commercial quantity. There is no independent or public witness of the alleged recovery. Learned counsel for the applicant next contended that mandatory provisions of NDPS Act has not been complied with in the present case. It is also contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly contended by the learned counsel for the applicant that the applicant does not have any previous criminal history to his credit and the applicant is in jail since 14.03.2019. The applicant is not a previous convict. In case, he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicant Surendra, son of Ramphal, involved in case crime No. 64 of 2019, under section 21/22 of NDPS Act, PS G.R.P., District Kanpur Central, 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 on the following conditions that:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 9.4.2019 Sazia
1 issue framed by the court
Whether the applicant is entitled to bail under the NDPS Act given the allegations of possession of narcotics and potential misuse of liberty.
1 provisions across 1 enactments
Surendra
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
