In a bail application under the N.D.P.S. Act, the court granted bail to the applicant based on the principle of parity with co-accused who were already released on bail, without expressing an opinion on the merits of the charge.
The applicant was released on bail on furnishing a personal bond and two reliable sureties.
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Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6731 of 2018
Applicant :- Sarvesh Chaubey Opposite Party :- State Of U.P. Counsel for Applicant :- Shri Niwash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Manoj Kumar Yadav, holding brief of Sri Shri Niwash Yadav, learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 23 of 2018, under Section 8/20 N.D.P.S. Act, Police Station Sarai Lakhanshi, District Mau, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 29.01.2018. The case of the applicant is similar to coaccused Rajesh Chaubey and Satanjay Yadav who have been enlarged on bail by this Court vide orders dated 16.03.2018 and 7.03.2018, passed in Criminal Misc. Bail Application Nos. 10067 of 2018 and 5829 of 2018 respectively. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
During the course of arguments, learned counsel for the applicant placed before this Court a photocopy of bail orders of co-accused Rajesh Chaubey and Satanjay Yadav which are taken on record.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated Rajesh Chaubey and Satanjay Yadav have already been granted bail by this Court.
Considering the rival submissions of learned counsel for the parties, material available on record, ground of parity with the co-accused Rajesh Chaubey and Satanjay Yadav as well as totality of fact and circumstances, and without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Sarvesh Chaubey be released on bail in Case Crime No. 23 of 2018, under Section 8/20 N.D.P.S. Act, Police Station Sarai Lakhanshi, District Mau, on his furnishing a
personal bond and two reliable sureties of the like amount to the satisfaction of the Court concerned, subject to following conditions :-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the Trial Court on the dates fixed for (a) opening of the case; (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate orders in the matter regarding cancellation of bail.
Order Date :- 20.3.2018
Monika
2 issues framed by the court
Whether the applicant is entitled to bail by grant of parity with co-accused who have been enlarged on bail.
Whether conditions of bail should be framed to ensure fair trial and cooperation.
Sarvesh Chaubey
State Of U.P.
Shashi Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
