Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21190 of 2019 Applicant :- Smt. Sunita Opposite Party :- State Of U.P.
Counsel for Applicant :- Shravan Kumar Singh 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, Smt. Sunita, who is involved in Case Crime No. 136 of 2018, under Section 8/20 of N.D.P.S. Act, Police Station- Ecotec -1, District- Gautam Buddha Nagar.
Learned counsel for the applicant has contended that co-accused Sundar having similar role has been granted bail by this Court, vide order dated 20.2.2019 passed in Criminal Misc. Bail Application No. 4228 of 2019, hence the applicant is also entitled for bail on the ground of parity. It has been submitted that at the time of the search no independent witness was present. It is lastly submitted that the applicant has no other criminal history and is in jail since 28.11.2018 and if she is released on bail, there is no chance of her 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 on the ground of parity.
Let the applicant, Smt. Sunita, who is involved in Case Crime No. 136 of 2018, under Section 8/20 of N.D.P.S. Act, Police Station- Ecotec -1, District- Gautam Buddha Nagar, be released on bail 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, 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, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.6.2019 praveen.
(Siddhartha Varma,J.)