Court No. - 57
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26378 of 2017 Applicant :- Shreenath Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajrshi Gupta,Ashok Kumar Gupta,Dileep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in Case Crime No.602 of 2016under Section 8/20 N.D.P.S. Act, Police Station Chaubeypur, District Varanasi.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case and he is languishing in jail since 24.12.2016. He further contended that the applicant is one of the five accused persons who were named in the FIR and from all of them, the recovery is shown to be of contraband (Ganja) of the same value and weight. It is further contended that co-accused Altaf Hussain and Zakir Hussain have already been enlarged on bail by co-ordinate Benches of this Court vide orders dated 30.11.2017 and 01.02.2018 passed in Criminal Misc. Bail Application Nos. 16731 of 2017 and 19466 of 2017 respectively from whom similar recovery was shown of contraband.
Learned AGA while opposing the bail application, could not controvert the bail orders produced before the Court in respect of co-accused Altaf Hussain and Zakir Hussain.
Considering the aforesaid submissions of learned counsel for the parties, without expressing any opinion on the merits of the case, since the co- accused Altaf Hussain and Zakir Hussain have already been enlarged on bail by coordinate Benches of this Court, I am of the view that the applicant is entitled for bail.
Let the applicant Shreenath Yadav involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned with the same conditions as levelled in the order dated 30.11.2017 passed in Criminal Misc. Bail Application Nos. 16731 of 2017.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 28.2.2018 IrfanUddin