Deena Nath Maurya vs State Of U.P.
2016 Latest Caselaw 1633 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12473 of 2016
 

 
Applicant :- Deena Nath Maurya
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Suresh Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application has been filed by the applicant in  Case Crime No.0370 of 2016, under Section 8/18 N.D.P.S. Act,  police station Vindhayachal, District Mirzapur, with the prayer to enlarge the applicant on bail.

I have perused the prosecution story as set up in the FIR and also the bail rejection order.

The contention as raised at the Bar by learned counsel for the applicant is that 16 kg of  poste poppy straw is alleged to have been recovered from the possession of the applicant which is less than the commercial quantity. It is further contended that there is no independent witness to the alleged recovery. It is next contended that the mandatory provisions of the N.D.P.S., Act has not been complied with. It is also contended that the applicant is in jail since 16.3.16 and in case, he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicant Deena Nath Maurya involved in the aforesaid crime 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 subject to the following conditions:

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.

Order Date :- 21.4.2016

Anand