Bail application allowed under NDPS Act as applicant falsely implicated with no likelihood of absconding or witness tampering; bail granted on personal bond and two sureties.
Released on bail by personal bond and two reliable sureties subject to conditions against tampering and cooperation with trial.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24942 of 2019
Applicant :- Rashid @ Kitalli Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Counter affidavit filed on behalf of State is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available record.
This bail application has been filed by the accused-applicant Rashid @ Kitalli, who is involved in Case Crime No. 49 of 2019, under Sections 8/20 NDPS Act, Police Station Shergarh, District Mathura.
Learned Counsel for the applicant submits that accused/applicant has been falsely implicated in this case. It is further submitted that allegedly, 400 gms unauthorized intoxicate power (Lorazepam) was shown to have been recovered from possession of the accused-applicant is totally false and fabricated. It is further submitted that 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. Applicant is languishing in jail since 16.03.2019. It is further submitted that there is no possibility of the applicant of 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.
Per contra, 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.
Considering the facts and circumstances of the case, rival contention of learned counsel for parties, detention in jail and without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let applicant Rashid @ Kitalli be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount 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.
Order Date :- 12.9.2019 I.A.Siddiqui
Rashid @ Kitalli
Hon'ble Rajendra Kumar-IV
As recorded by the court registry
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