Research › Search › Judgment

Allahabad High Court · body

2019 DIGILAW 2094 (ALL)

Sapna v. State Of U. P.

2019-09-11

UMESH KUMAR

body2019
JUDGMENT : Umesh Kumar, J. 1. Applicant- Sapna seeks bail in Case Crime No. 535 of 2019, under Section 21/22 N.D.P.S. Act, Police Station- Vrindavan, District-Mathura. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case; there is no independent witness of the alleged recovery of 104 gm. of prohibited contraband (alprazolam); provisions of Section 50 of N.D.P.S. Act has not been complied with; co-accused Nisha and Anuradha have been granted bail by this Court vide order dated 13.8.2019 passed in Crl. Misc. Bail Application No. 28788 of 2019 and order dated 26.8.2019 passed in Crl. Misc. Bail Application No. 33858 of 2019; it has been further submitted that applicant has no criminal history and she undertakes that she will not misuse the liberty of bail; it has been lastly submitted that applicant is in jail since 17.6.2019. On these grounds bail has been prayed. 4. Bail has been opposed by learned A.G.A.on behalf of the State but he could not dispute the factum of parity. 5. Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case in my opinion the accused applicant is entitled for bail. 6. Let the above mentioned applicant involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. She will cooperate in the trial bonafidely without seeking adjournments. 3. She shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.