Sunil v. State of U.P.

Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45021 of 2018

Applicant :- Sunil Opposite Party :- State Of U.P. Counsel for Applicant :- Mayank Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Counter affidavit filed on behalf of State, is taken on record.

Heard Sri Mayank, learned counsel for the applicant and Ms. Poonam Singh Sengar, learned A.G.A. appearing for the State.

It has been contended by the learned counsel for the applicant that 770 gram contraband article, i.e., Diazepam powder is said to have been recovered from the joint possession of the applicant and co-accused namely Yusuf who has already been granted bail by this Court vide orders dated 18.12.2018 in Criminal Misc. Bail Application No. 4835 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. He further submits that there is no compliance of mandatory provisions of Section 50 of the N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has no criminal history with respect to the N.D.P.S. Act. It has also been submitted that the applicant is languishing in jail since 04.11.2017. It is also submitted that the criminal history of the applicant has properly been explained in para 3 to 9 to the supplementary affidavit.