Criminal Misc. Bail Application arising from an N.D.P.S. Act case involving possession of alprazolam. Court granted bail allowing release on personal bond and sureties with standard directions to cooperate and not tamper.
Bailallowed on personal bond and two reliable sureties with undertaking not to tamper with evidence or witnesses and to cooperate with trial.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32648 of 2019
Applicant :- Ramesh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Suneel Kumar Mishra,Vishnu Dutt Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Counter affidavit has been filed by State, 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. 49 of 2019, under Section 21/22 N.D.P.S Act, Police Station G.R.P., District Jaunpur, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant. 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. Applicant is in jail since 9.6.2019. 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 possession of 125 gram alprazolam 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 Ramesh Kumar 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 :- 16.9.2019 Manoj
1 issue framed by the court
Whether the accused-deserving bail in a criminal prosecution under Section 21/22 of the N.D.P.S. Act, considering severity of punishment and lack of public witness during recovery.
Ramesh Kumar
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
