Allahabad High Court
Chhotey @ Hafizuddin vs State Of U.P. on 14 July, 2021
Author: Mohd. Aslam
Bench: Mohd. Aslam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23046 of 2021 Applicant :- Chhotey @ Hafizuddin Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The alleged recovery of 22Kg 400 gm of Ganja shown from the vehicle, is false and baseless. It is contended that Section of 50 of NDThe applicant is languishing in jail since 21.3.2021, and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. It is further argued that no recovery was made from the accused applicant. It is further contended that the accused applicant was not arrested as he had fled away from the vehicle when the police stopped it and his name came in the statement of co-passenger.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Chhotey @ Hafizuddin involved in Case Crime No. 171 of 2021, under Sections 8/22 of Narcotic Drugs and Psychotropic Substances Act (N.D.P.S. Act), 1985, P.S. Muradnagar, District- Ghaziabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 14.7.2021 Jyotsana