Single judge allowed bail to an applicant implicating him in an NDPS offence involving joint possession of ganja, noting similarity to a co-accused already on bail and lack of prior criminal history.
Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4548 of 2021
Applicant :- Tejbahadur Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar,Amresh Bahadur Tiwari,Satya Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted that applicant has been falsely implicated in the present case by the police along with three other co-accused persons and recovery of 294 gram of Ganja has been shown from the joint possession. It is further submitted that co-accused namely, Santosh Yadav has already been enlarged on bail by coordinate Bench of this Court vide order dated 16.08.2021 passed in Criminal Misc. Bail Application No. 20596 of 2021. The case of the applicant is also on the similar footing. Applicant has not any previous criminal history. He is languishing in jail since 01.11.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail but acceded the fact that case of the applicant is on similar footing to that of coaccused.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case and also the fact that co-accused in this case has already been enlarged on bail, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Tejbahadur Yadav, involved in Case Crime No.153 of 2020, under Sections-8, 20 of Narcotic Drugs and Psychotropic Substances Act, 1985, P.S.- Obara, DistrictSonbhadra, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 9.3.2022 Sachin/-
Digitally signed by SACHIN TIWARI Date: 2022.03.11 10:38:57 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under the Narcotic Drugs and Psychotropic Substances Act, 1985.
1 provisions across 1 enactments
Tejbahadur Yadav
State of U.P.
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
