Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41722 of 2021 Applicant :- Deepak Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Rai 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 Deepak Singh seeking enlargement on bail during trial in connection with Case Crime No. 424 of 2021, under Section 21/22 N.D.P.S. Act, registered at P.S.- Kotwali, District- Ghazipur.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. 100 gram alprazolam is said to have been recovered from possession of the applicant. No compliance of mandatory provision of Section 50 of N.D.P.S. Act has been made at the time of alleged search and seizure. There is no independent witness of the alleged recovery. He further submitted that co-accused Bhagwan Singh Yadav and Ramesh Kumar Singh have already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 42766 of 2021 and 42684 of 2021, vide order dated 04.12.2021 and claimed parity. Further submitted that the applicant is languishing in jail since 28.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
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 accused and all other attending circumstances were duly considered.
In view of the above on the ground of parity, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Deepak Singh 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.
Order Date :- 20.12.2021 v.k.updh.