Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30435 of 2019 Applicant :- Birju Kumar Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Parmeshwar Kr. Chaudhary,Swarn Lata Suman Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 339 of 2019, under Section 8/21 of N.D.P.S. Act, 1986, P.S. Kotwali, District Ghazipur with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case; and similarly placed co-accused Mannar Ram and Chandramani have already been granted bail by co-ordinate Bench of this Court vide Bail Application No. 29479 of 2019 and Bail Application No. 29793 of 2019. The provisions of Sec. 30 of NDPS Act have not been complied with. It was submitted that in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and he is languishing in jail since 13.06.2019. It is also submitted that co- accused Mannar Ram have been granted bail by this court.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Birju Kumar Gupta involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicants shall not commit an offence similar to the offence of which applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 Sachin