This bail application by Sri Prakash Sonkar under Sections 8 and 20 of the NDPS Act was allowed on the ground of parity with a co-accused. The applicant was released on bond and sureties subject to conditions including attendance in trial and non-tampering.
The applicant was released on bail on executing a personal bond and furnishing two sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16197 of 2022
Applicant :- Sri Prakash Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Tabassum Hashmi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, Sri Prakash Sonkar, who is involved in Case Crime No. 37 of 2022 at Police Station-Chilh, District-Mirzapur under Section 8/20 of the N.D.P.S. Act and is in jail since 08.03.2022, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused, Shyam Prakash Sonkar Alias Lallu, has already been enlarged on bail by this Court by order dated 27.4.2022 passed in Criminal Misc. Bail Application No. 15392 of 2022. He has further submitted that since the role of the applicant is identical to that of co-accused, Shyam Prakash Sonkar Alias Lallu, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Sri Prakash Sonkar, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 37 of 2022 at Police Station-Chilh, District-Mirzapur under Section 8/20 of the N.D.P.S. Act with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 11.7.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.07.11 18:39:32 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a similarly placed co-accused who has already been granted bail.
Whether the bail granted by this court ought to be subject to specific conditions regarding appearance, tampering with witnesses, and illegal activities.
1 provisions across 1 enactments
Sri Prakash Sonkar
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
