Chandra Mani @ Dablu @ Mahraj Pandey Vs State of U.P.

Neutral Citation No. - 2023:AHC:155795

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22783 of 2023

Applicant :- Chandra Mani @ Dablu @ Mahraj Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Ratan Kumar Mishra,P.K. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri P.K. Singh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 172 of 2022, under Sections 08/20 N.D.P.S. Act, Police Station Kachhwa, District Mirzapur during pendency of the trial.

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Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant. The first bail application of the applicant has been dismissed by this Bench on 28.02.2023 passed in Criminal Misc. Bail Application No. 3188 of 2023 and he is pressing the instant second bail application on the ground that after rejection of first bail application of the applicant three accused persons Imran Ali, Rahul Kumar Mishra and Firoz have been released on bail and they were also arrested along with applicant and case of applicant is at par with them, therefore, on the ground of parity applicant may also be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submits that along with applicant three other co-accused persons were apprehended while he was sitting in a car and total 100 Kg. Ganja was recovered from the two cars and after considering the entire facts of the case first bail application of the applicant was dismissed. He further submits that applicant is also having criminal history of two cases and co-accused persons, who were enlarged on bail, were not any criminal history, therefore, case of applicant is distinguishable from the case of other accused persons.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, after rejection of first bail application of the applicant, it appears that three accused persons have been released on bail by the different co-ordinate Benches of this Court but case of applicant is distinguishable from them as from perusal of their bail orders, which were produced by learned counsel for the applicant during the course of argument, it appears that they were not having any criminal history although applicant is having two criminal history to his credit and out of two cases one case is of N.D.P.S. Act.

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Therefore, considering the facts and circumstances of the case discussed above coupled with provision of Section 37 of N.D.P.S. Act, in my view, no new good ground is available on record on the basis of which applicant can be enlarged on bail.

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Accordingly, the instant bail application is rejected.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 3.8.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Chandra Mani @ Dablu @ Mahraj Pandey v. State of U.P.

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Chandra Mani @ Dablu @ Mahraj Pandey v. State of U.P.

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