Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 74 of
2022
Applicant :- Mansha
Opposite Party :- State of U.P.
Counsel for Applicant :- Samya Lal Pandey,Vinay Prakash Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Mansha, in Case Crime No. 276 of 2021, under Section 22 of Narcotics Drugs and Psychotropic Substances Act, Police Station- Barsana, District-Mathura.
Learned counsel for the applicant argued that the accused- applicant has been granted bail, in this very case crime number, in Crl. Misc. Bail Application no. 37613 of 2021 by the co- ordinate Bench of this Court for alleged recovery of 200 gram of Alprazolam powder, but owing to Section 22 being not written in the rejection order as well as bail application it was not moved so, rather application was moved for offence punishable under Section 20/21 of NDPS Act and it was granted, but this application is for added Section 22 of NDPS Act. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose the above factual aspects.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed. Let the applicant, Mansha, involved, in above mentioned case crime number in added Section 22 of NDPS Act, be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence. Neutral Citation No. - 2022:AHC:4740
1
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad
6. The computer generated copy of such order shall be self attested by the by the counsel of the party concerned.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 17.1.2022 Dhirendra/
2