Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20789 of 2019 Applicant :- Sudeep Kumar Singh Opposite Party :- Union Of India Counsel for Applicant :- Praveen Kumar Srivastava Counsel for Opposite Party :- Narendra Deo Rai
Hon'ble Krishna Pratap Singh,J.
Counter affidavit filed today is taken on record.
Applicant-Sudeep Kumar Singh, seeks bail in Special Session Trial No.74/18, under Section 27-A, 29 NDPS Act, Police Station-Kotwarli, District-Ghazipur.
Heard Sri Praveen Kumar Srivastava, learned counsel for the applicant, Sri Narendra Deo Rai, learned counsel for the Union of India and perused the material placed on record.
It is submitted by the learned counsel for the applicant that earlier applicant was arrested for the offences under sections 8/21 NDPS Act in this case and he was granted bail by order dated 18.02.2019 passed by another Bench of this Court in criminal misc. bail application No. 27952 of 2018 on the ground of parity. Applicant was released on 26.03.2019 and after investigation of the case new Sections 27-A and 29 NDPS Act were also added in this case, as a consequence whereof, the applicant was again sent to jail, against the same he moved bail application before the trial court, but the same was rejected vide order dated 24.04.2019, hence this bail application. It is further submitted that applicant is languishing in jail since 19.04.2019 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 evidence.
It is apparent from the facts of the case that on the basis of same facts sections 27-A and 29 NDPS Act has now been added.
Per contra, learned counsel for the informant and learned A.G.A. has opposed the bail prayer. It appears that during investigation of the case, only new aforesaid sections were added. Earlier the bail order was passed after considering the entire merits of the case.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits, let the applicant Sudeep Kumar Singh, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 30.5.2019 Pr/-