Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17923 of 2021 Applicant :- Achhe Lal Sah Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Krishna Mishra,Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Achhe Lal Sah seeking enlargement on bail during trial in connection with Case Crime No. 42 of 2021, under Section 8/20 of N.D.P.S. Act, registered at P.S.- Nizamabad, District- Azamgarh.
Submission of the learned counsel for the applicant is that 60 Kg. 800 Grams Ganja is alleged to have been recovered from the joint possession of the applicant and six other co-accused. The applicant is innocent, he has not committed the alleged offence, but he has been falsely implicated in the present case. There is no compliance of mandatory provision of Sections 50, 51 and 52 of the N.D.P.S. Act and there is no independent witness of the incident. The applicant has no criminal history. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. It is further submitted that the co-accused Vinay Kumar Bind, Lalita, Manjura, Abhayveer, Tappan Kumar, Prakashveer have already been granted bail by various co- ordinate benches of this Court in Criminal Misc. Bail Application Nos. 15261 of 2021, 16568 of 2021 and 18304 of 2021 vide order dated 24.03.2021, 08.04.2021 & 09.06.2021 respectively. Applicant is in jail since 28.2.2021, undertakes that he will not misuse the liberty, if granted.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but did not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the co-accused Vinay Kumar Bind, Lalita, Manjura, Abhayveer, Tappan Kumar, Prakashveer have already been granted bail whose case is at par with the case of the present applicant, without commenting upon the merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Achhe Lal Sah involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 27.7.2021 VPS