Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18111 of 2019 Applicant :- Rajveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Rajveer, who is involved in Case Crime No. 104 of 2019, under Sections 21/22 of the N.D.P.S. Act, Police Station- Kayamganj, District- Farrukhabad.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated. It is further submitted that co-accused Hariom having similar role has been granted bail by this Court, vide order dated 21.6.2019 passed in Criminal Misc. Bail Application No. 24885 of 2019, hence the applicant is also entitled for bail on the ground of parity. It was contended that recovery was not made in the manner it is stipulated in the Act. It is lastly submitted that the applicant has no other criminal history and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail, However, he does not dispute the fact that similarly placed co- accused has been granted bail by this Court.
Considering the entire facts and circumstances of the case, allegations in the F.I.R. and all other materials available on record, in my opinion, the applicant is entitled to be released on bail.
Let the applicant, Rajveer, be released on bail in Case Crime No. 104 of 2019, under Sections 21/22 of the N.D.P.S. Act, Police Station- Kayamganj, District- Farrukhabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complaint in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.6.2019 praveen.