Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43302 of 2017 Applicant :- Neeraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution story F.I.R. has been lodged against the applicant. 200 grams Diazepam was recovered from the possession of the applicant.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Criminal history of the applicant has been properly explained. There is no independent witness to support the prosecution version. The recovery shown by the Police is less than the commercial quantity. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. Provision of Section 50 N.D.P.S. Act has not been complied with. Applicant is languishing in jail since 15.8.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Neeraj involved in Case Crime No. 386 of 2017, under Section 21/22 NDPS Act, Police Station Bnna, District - Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 8.11.2017 A. Singh