Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25775 of 2021 Applicant :- Kishan Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Pawnesh Tiwari,Om Prakash Mishra,Suraj Mishra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
This bail application has been moved on behalf of accused- applicant who is involved in Case Crime No. 0105 of 2021 under Section 8/20 of N.D.P.S. Act, Police Station- Bhudkuda, District- Gazipur.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated. There is no independent witness of alleged joint recovery of 24 kg Ganja from three persons. It is further submitted that co-accused Kaju Yadav has been enlarged on bail by coordinate bench of this Court vide order dated 28.07.2021 in Criminal Misc. Bail Application No.26164 of 2021. It has also been submitted that the applicant is languishing in jail since 06.06.2021. It has been contended that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. vehemently opposed the prayer for bail but could not disputed the aforesaid facts that co-accused has been enlarged on bail.
Considering the rival contentions of the parties, the facts and circumstances of the case, the material on record, nature of offence, evidence, complicity of accused, severity of punishment as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & another, reported in (2018) 3 SCC 22, without expressing any opinion on the merit of the case, let the applicant - Kishan Yadav involved in Case Crime No. 0105 of 2021 under Section 8/20 of N.D.P.S. Act, Police Station- Bhudkuda, District- Gazipur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.7.2021 C. MANI