A bail application under the NDPS Act was filed by Deepak Chaudhry. The court granted bail citing parity with a co-accused, subject to conditions regarding evidence and appearance.
The applicant was released on bail under a personal bond and two local sureties.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48688 of 2020
Applicant :- Deepak Chaudhry Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard Sri Raj Kumar Vaishva, learned Counsel for the applicant and Sri Manuraj Singh, learned A.G.A. for the State respondents.
It is contended by learned Counsel for the applicant that the co-accused Aslam has been granted bail by a coordinate bench of this Court vide order dated 26.03.2019 in Criminal Misc. Bail Application No.48615 of 2018, a copy of the said order has been annexed as annexure no.9 to this affidavit. It is further submitted that the case of the applicant stands on the identical footing, hence, the applicant is also entitled to be enlarged on bail on the ground of parity. The criminal history of the applicant has been explained in paragraph no.20 of the affidavit. It is next contended that the applicant is in jail since 21.10.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as the averments made in the bail application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Deepak Chaudhary involved in case crime no.357 of 2018, under Section 8/15, 27A, 29 N.D.P.S. Act, P.S. Wazeerganj, District Budaun be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 4.1.2021
S.P.
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail on the ground of parity with a co-accused already granted bail.
1 provisions across 1 enactments
Deepak Chaudhry
State of U.P.
Vivek Varma
As recorded by the court registry
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