Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21994 of 2019 Applicant :- Shrawan Kumar Kushwaha @ Raja Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Singh Chauhan,Sachchida Nand Tiwari 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 bail application has been moved on behalf of the applicant, Shrawan Kumar Kushwaha @ Raja, who is involved in Case Crime No. 148 of 2018 Under Section 8/20 of the N.D.P.S. Act, Police Station Baberu District - Banda.
Learned counsel for the applicant has contended that the applicant was not named in the first information report. Only on the mentioning of his name by one Sudhir Patel, the applicant has been implicated in the case and has been put behind bars after he surrendered. It is further contended that the accused Sudhir Patel who was named in the first information report has now been released on bail by this Court, vide order dated 20.5.2019 passed in Criminal Misc. Bail Application No. 13281 of 2019. Hence the applicant is also entitled for bail on the ground of parity. Learned counsel for the applicant further submitted that all the evidence has now been kept in the Maalkhana and there would be no chance of tampering of the evidence. It is lastly submitted that the applicant has no other criminal history and is in jail since 8.2.2019 and if he is released on bail, there would be 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, Shrawan Kumar Kushwaha @ Raja, be released on bail in Case Crime No. 148 of 2018 Under Section 8/20 of the N.D.P.S. Act, Police Station Baberu District - Banda, 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/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court and 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 the 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 :- 25.6.2019 praveen.