Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23714 of 2019 Applicant :- Shishupal Singh @ Gudda Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Gaur Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
By means of this application the applicant Shishupal Singh @ Gudda has prayed to release him on bail in Case Crime No. 455 of 2018, u/s 8/22C N.D.P.S. Act, P.S. Jaswantnagar, District Etawah.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. He has neither been apprehended from spot nor any recovery has been shown from him, whereas co-accused Vikas @ Ravi, who was apprehended on spot alongwith recovery of 2.5 Kg charas has been enlarged on bail vide order dated 10.01.2019 passed by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.1398 of 2019, copy of which is annexed as annexure no.4 of the application. Criminal history of the accused-applicant has been duly explained in paragraph no.23 to 28 of the affidavit filed in support of the bail application. There is no compliance of Section 50 of the Act. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Having heard learned counsel for both sides and gone through the material placed on record, It is apparent that the accused- applicant was neither apprehended on spot nor there is any recovery from him and co-accused Vikas @ Ravi has already been enlarged on bail. Criminal history of the accused-applicant has been duly explained.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Shishupal Singh @ Gudda, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in 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.
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 :- 7.6.2019 Radhika