Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21513 of 2021 Applicant :- Mannat Karira Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State through video conferencing and perused the record of the present bail application.
The present bail application has been filed by the applicant- Mannat Karira with a prayer to enlarge him on bail in Case Crime No.116 of 2020, under Section 379, 419, 420, 467, 468, 471, 406, 120-B I.P.C. and Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Kamlanagar, District-Agra.
Learned counsel for the applicant has submitted that according to the F.I.R. version, a raid was conducted at about 06.15 a.m. on 22.12.2020 at the house of the co-accused and 120 boxes of warma capsules in the name of tramadol hydrochloride, 60,000 alprazolam tablets, 55 boxes of korisum were recovered, which is not covered under NDPS Act. He further submits that as per F.I.R. as well as investigation, it is not the case of prosecution that the recovered drugs come within the purview of NDPS Act. He next submits that offence u/s 420, 467, 468, 471 I.P.C. does not attract as this is not a case of mis-branding of drugs or cheating. The Co-accused Sanjeev Kumar Gupta has already been released on bail in Criminal Misc. Bail Application No.15535 of 2021 vide order dated 13.04.2021 by the coordinate Bench of this Court. Thus, the applicant is also entitled to release on bail on the ground of parity. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tapering with the witnesses and, in case, the applicant is enlarged on bail he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 23.12.2020 Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant-Mannat Karira involved in aforesaid case crime be released on bail on his 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 will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.5.2021 SK Goswami Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 15:01:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad