Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24061 of 2018 Applicant :- Abhishek Gupta @ Asoo Gupta Opposite Party :- Central Narcotics Bureau Counsel for Applicant :- Pulak Ganguly,Amit Kumar Srivastava,Anurodh Tripathi,Nishant Mehrotra Counsel for Opposite Party :- Sanjay Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri R.K. Mishra, Advocate, holding brief of Shri Amit Kumar Srivastava, learned counsel for the applicant; Shri Narendra Deo Rai, learned counsel for the informant as well as Sri M.K. Dwivedi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Abhishek Gupta @ Asoo Gupta with a prayer to release him on bail in Case Crime No. 6 of 2017, under Sections 8/15/29 NDPS Act, Police Station - Central Narcotic Bureau, District - Bareilly, during pendency of trial.
3. At the outset, it has been stated by learned counsel for the applicant that in exact similar allegations, co-accused Ashiq Ali, Arun Kumar Gupta @ Mintoo and Umesh Gupta have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 16917 of 2018, 1325 of 2019 and 7541 of 2018 vide orders dated 31.05.2019, 14.11.2019 and 02.05.2019 respectively. Also, the applicant has no criminal history. For the reasons contained in those orders, the present applicant is also entitled for bail.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 AHA