The Allahabad High Court granted bail to the applicant in a narcotics case, relying on the parity with co-accused already released, and imposed standard bail conditions including personal appearance for trial stages.
Release on bail by furnishing personal bond and two reliable sureties each of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13356 of 2021
Applicant :- Sonu @ Sunil Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Udai Shankar Chauhan,Ajay Kumar,Vivek Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 70 of 2020, under Sections 8/20 of N.D.P.S. Act, Police Station-Ubhaon, District Ballia.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It has further been submitted that the applicant was a simply passenger in the vehicle in question.It is submitted that the allegations made against the accusedapplicant are similar and identical to the co-accused Vikas Yadav and Ajeet Chaubey, who have already been released on bail by this Court vide orders dated 02.09.2021 & 13.12.2021 passed in Criminal Misc. Bail Application Nos.26581 of 2021 & 36351 of 2021. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 07.07.2020.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant - Sonu @ Sunil Kushwaha be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each 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 order in the matter regarding cancellation of bail.
Order Date :- 19.5.2022 Sanjeet
Digitally signed by SANJEET KUMAR YADAV Date: 2022.05.20 10:18:49 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the criminal proceedings alleging cheating and forgery.
Whether parity with co-accused released on bail entitles the applicant to bail without expressing opinion on merits.
2 provisions across 2 enactments
Sonu @ Sunil Kushwaha
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
