Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39439 of 2021 Applicant :- Monu Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Singh Yadav 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.
The present bail application has been moved on behalf of the applicant in Case Crime No. 334 of 2021, under Section 8/15 of N.D.P.S. Act, P.S. Katara, District Shahjahanpur, with a prayer that he may be admitted to bail.
It is argued by the learned counsel for the applicant that the 85.400 Kg of Doda powder is said to have been recovered from the joint possession of the applicant and two co-accused persons. He has further argued that he has nothing to do with the said recovery. No compliance of the mandatory provision of Sections 42, 50, 51, 57 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 and the applicant has been falsely implicated in the case. Further submitted that co-accused Rahul @ Akash and Shri Krishna Sahu @ Bantoo have been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 39410 of 2021 and 39441 of 2021 vide order dated 07.12.2021 & 16.12.2021 respectively and claimed parity. The applicant is in jail since 16.07.2021, and in case he is enlarged on bail, he will not misuse the liberty of bail.
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 the 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 Monu 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 :- 22.12.2021 VPS