In Chamber

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28002 of

2019

Applicant :- Dilshad

Opposite Party :- State of U.P.

Counsel for Applicant :- Awadhesh Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Ajit Kumar,J.

This bail application has been taken up during lock-down

period as an urgent one.

Perused the records as well as written objection filed on

behalf of the learned Additional Government Advocate Sri

Raghuraj Kishore Mishra.

The applicant is seeking bail in connection with case crime

no. 411 of 2019, under Section 8 of 20 of Narcotic Drugs

and Psychotropic Substances Act, 1985, P.S. Phase-2

NOIDA,District Gautam Budh Nagar, (for short NDPS

Act).

The allegation against the applicant in the first information

report is that the applicant was carrying psychotropic

substance in the form charas to the tune of 2.15 Kgs. It is

pleaded by the applicant the prosecution has not complied

with the mandatory procedural requirement of Section 50

of the NDPS Act. It has been further pleaded that the

applicant has no criminal history and he has been falsely

implicated in the present case. The laboratory report of the

alleged recovery has yet not been received to prosecute the

applicant with the aforesaid charge. The applicant is in jail

since 22.06.2019.

In view of overall facts and circumstance of the case, and

the fact that there is no past criminal of the applicant

which is not disputed in the written objection filed by

learned AGA and without entering into the merits of the

case and all other aspects involved in the matter that can

be looked into at the stage of trial, the Court is of the

opinion that the applicant is entitled to be admitted to bail.

Accordingly, applicant namely Dilshad is admitted to bail.

Considering the special circumstances of the lock-down

prevailing in the district concerned presently and in the

light of the directions of this Court in PIL No. 564 of 2020

dated 06.04.2020, let the applicant, Dilshad be enlarged on

bail in the aforesaid case crime number on his furnishing a

personal bond only to the satisfaction of the jail

authorities, where the applicant is languishing.

It is further provided that this bail order available on the

official website of the High Court will be taken to be the

authentic one.

However, it is further directed that within period of four

weeks from the date of lifting of the complete lock-down

in the District concerned resulting in resumption of normal

functioning of the Courts in that district, the applicant shall

furnish two sureties each of the like amount to the

satisfaction of the court concerned alongwith certified

copy of this order, failing which the bail granted by this

court shall stand cancelled necessitating surrender of the

applicant.

It is further directed that the applicant shall not misuse the

liberty of bail and shall cooperate with the police/

investigating agency.

Office of the Government Advocate is directed to inform

forthwith about this bail order to the the S.P/S.S.P of the

district concerned for necessary information to the jail

authority where the applicant is languishing.

In view of the aforesaid, the bail application stands

disposed of.

Order Date :- 20.5.2020

Sanjeev