Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43291 of 2021 Applicant :- Yogendra Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Yogendra Pandey seeking enlargement on bail during trial in connection with Case Crime No. 431 of 2021, under Section 8/21 N.D.P.S. Act, registered at P.S.- Fareedpur, District- Bareilly, Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offences. 40 gram Smack Powder said to have been recovered from possession of the applicant is false. The alleged recovered Smack is below the commercial quantity. No compliance of mandatory provisions of Sections 50 and 51 of N.D.P.S. Act has been made at the time of alleged search and seizure. There is no independent witness of the alleged recovery. He further submitted that co-accused Guddu Saini has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 42210 of 2021, vide order dated 13.12.2021 and claimed parity as the case of the applicant stands at par with the case of co-accused Guddu Saini. The applicant is languishing in jail since 05.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
In view of the above on the ground of parity, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Yogendra Pandey involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 17.12.2021 v.k.updh.