Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 499 of 2020, under Section 8/20 of NDPS Act, Police Station Robertsganj, District Sonbhadra.
Learned counsel for the applicant states that the quantity allegedly seized from the applicant is far less than the commercial quantity. As regards the criminal antecedents, the applicant has filed an affidavit which is taken on record. He also states in two of the said cases the applicant is on bail and third case is connected with the present case. This fact has not been denied by learned AGA. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 31.7.2020.
Per contra, learned A.G.A. has opposed the bail prayer. The applicant does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the fact that the alleged seizure is less than the commercial quantity and there is no criminal history against the applicant, the applicant is entitled to be released on bail.
Let the applicant, Tappu Pandey @ Nigam Dev Pandey involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 12.1.2021 Puspendra