Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25229 of 2021 Applicant :- Manoj Kumar Opposite Party :- State Of U. P.
Counsel for Applicant :- S.P.S. Chauhan
Hon'ble Rajiv Joshi,J.
Heard Sri S.P.S. Chauhan, learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 0219 of 2021 under Section 8/18/20/29 NDPS Act, Police Station Gandhi Park, District- Aligarh, is seeking enlargement on bail.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. Learned counsel for the applicant has submitted that in the present case F.I.R. has been lodged against eighteen persons including the applicant due to ulterior motive. The recovery of one Satta Parchi, one pen, one mobile and Rs. 10,000/-, alleged to have been recovery from the possession of the applicant. It is next submitted that 840 gm. of hemp (ganja) has been recovered from the possession of co-accused Ankush and there is no public witness of the alleged recovery. It is further submitted that mandatory provision of Section 50 of N.D.P.S Act has not been complied with. It is also submitted that co- accused Sanjai @ Dabbu and Ankit, have been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 24736 of 2021 and 26647 of 2021, vide orders dated 2.8.2021 and 6.8.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. Applicant is of no criminal antecedents and is languishing in jail since 31.3.2021. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Manoj Kumar, who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
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 :- 12.8.2021 Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.08.12 14:22:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad