The court granted bail to the applicant, Zakir Husain, in a case under the NDPS Act. The applicant was alleged to be involved in possession of contraband. The order imposed conditions to prevent tampering with evidence and witness pressure.
Release on bail by furnishing personal bond and two local sureties on specified conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4148 of 2021
Applicant :- Zakir Husain Opposite Party :- State of U.P. Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Shivajee Singh Sisodiya, learned Counsel for the applicant and Sri Vivek Rastogi, learned A.G.A. for the State respondents.
It is contended by learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. It is also submitted that the alleged contraband has not been recovered from the possession of the applicant. There is no independent witness of the alleged recovery. It is further submitted that the mandatory provision of Section 50 of N.D.P.S. Act has not been complied with. The applicant has no criminal history to his credit and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 19.11.2020.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Perused the first information report as well as the averments made in the bail application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Zakir Husain involved in case crime no.657 of 2020, under Section 8/18 N.D.P.S. Act, P.S. Prem Nagar, District Bareilly be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 25.1.2021 S.S.
1 issue framed by the court
Whether to enlarge the applicant on bail considering the allegation of false implication and lack of compliance with Section 50 of the NDPS Act.
1 provisions across 1 enactments
Zakir Husain
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
