Court granted bail to applicant Salman in a criminal case under the NDPS Act. The court dismissed the prosecution's objection without commenting on case merits, relying on the applicant's submission of innocence and compliance with previous bail grants.
Applicant to be released on bail with personal bond and two reliable sureties subject to specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23624 of 2019
Applicant :- Salman Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Kumar Pandey,Pooja Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 103 of 2019, under Section 21/22 N.D.P.S Act, Police Station Kotwali, District Aligarh, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. 500 gram Dizapam Nasila Powder has been recovered from the possession of the applicant, which is equal to commercial quantity. However, alleged recovery is false and fake. It is further submitted that mandatory provision of N.D.P.S. Act has not been complied with at the time of alleged recovery. No public witness was taken at the time of recovery. It is submitted that in three criminal cases mentioned in the application, the applicant has been granted bail. The applicant is in jail in the present since 18.3.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant has been arrested with the possession of 500 gram Dizapam Nasila Powder for which he had no valid license.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the accused-applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Salman be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment.
Order Date :- 17.9.2019 SKS
1 issue framed by the court
Whether the accused applicant, charged under sections 21/22 of N.D.P.S. Act with possession of narcotics, qualifies for bail.
Salman
Rajendra Kumar
As recorded by the court registry
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