Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42095 of 2018 Applicant :- Sunil Chaudhary Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record.
This second bail application has been moved for enlarging the applicant Sunil Chaudhary on bail in Case Crime No. 63 of 2018, under Sections 8/20 N.D.P.S. Act, PS-Chhawni, District-Basti.
Learned counsel for the applicant contended that applicant is absolutely innocent and he has been falsely implicated in this case. It is next contended that recovery of 39 kg ganja from the joint possession of the applicant and other co-accused is false and planted by the police personnel. It is next contended that no compliance of mandatory Section 50 of N.D.P.S. Act at the time of search and seizure was made by the police. It is next contended that there is no public witness of alleged recovery. It is next contended that similarly placed co-accused Ramdhani Chaudhary has already been granted bail by this Court vide order dated 28.06.2018 passed in Criminal Misc. Bail Application No. 24.027 of 2018, hence applicant is also entitled to be enlarged on bail. It is lastly submitted that the applicant is in jail since 02.03.2018 and the applicant has no any criminal antecedents except the present one.
On the other hand learned A.G.A. has opposed the prayer for grant of bail to the applicant but admitted that there is no criminal antecedents against the applicant.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Sunil Chaudhary be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the investigation in the trial and shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.
In case of default, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
Order Date :- 27.11.2018 AKT