Sanjay Kumar v. State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12194 of 2023

Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Antesh Dwivedi,Amit Kumar Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1. Heard Sri Antesh Dwivedi, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned brief holder for the State-respondent.

1. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 244 of 2022, under Sections 8/22/29/60 NDPS Act, Police Station- Premnagar, District- Bareilly, during pendency of the trial in the court below.

1. This is the second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Bench vide order dated 11.1.2023 and according to the prosecution case, from the Swift Dzire Car, in which applicant was sitting along with three other accused persons, total 100 ltr. Acetic Anhydride (controlled substance) was recovered.

1. Learned counsel for the applicant submitted that along with the applicant three accused persons were apprehended and after rejection of first bail application of the applicant, all the three accused persons have been granted bail by this Court. He further submitted that co-accused Indrajeet was granted bail on 12.1.2023 and co-accused Sarvesh Sharma was granted bail on 20.1.2023 and their bail orders have been annexed as Annexure No. 3 to the affidavit. He further submitted that on the same day when the first bail application of the applicant was dismissed, co-ordinate Bench of this Court granted bail to co-accused Sachin Kumar and therefore, on the ground of parity applicant may also be enlarged on bail. He further submitted that applicant is not having any criminal history and in the present matter, he is in jail since 9.7.2022 i.e. for last about more than nine months.