Criminal Misc. Bail Application allowed relating to recovery of Ganja under NDPS Act. Court imposed conditions of personal and two sureties on bail without commenting on merit of case. Applicant entitled to release.
Release applicant Yogesh Kumar on bail on personal bond and two sureties subject to standard conditions of bail.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31557 of 2019
Applicant :- Yogesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Singh,Amit Misra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the accused- applicant, learned A.G.A. for State and perused the material available on record.
This bail application has been filed by the accused-applicant Yogesh Kumar, who is involved in Case Crime No. 181 of 2019, under Sections 8/20 NDPS Act, Police Station Daurala, District Meerut.
Learned Counsel for the applicant submits that accused/applicant has been falsely implicated in this case. It is further submitted that recovery shown from the possession of applicant is false and fake. Mandatory provisions of N.D.P.S. Act have not been strictly complied with. There is no public witness at the time of arrest and recovery. Applicant is languishing in jail since 25.04.2019 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 bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that 4 kg. Ganja has been recovered from the possession of 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 Yogesh Kumar 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 :- 13.9.2019 I.A.Siddiqui
2 issues framed by the court
Whether the accused-applicant is entitled to bail under Section 8 and 20 of the NDPS Act considering the contents of the application.
Whether the trial court can pass order to release the applicant on bail with proper conditions.
2 provisions across 2 enactments
Yogesh Kumar
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
