Allowed

Raj Kumar Patel v. State of U.P.

Allahabad HC10 Oct 2023BAIL/38709/2023

Case brief

AI extract

What is this about?

A single judge allowed four bail applications filed by individuals charged under the NDPS Act. The court granted bail requiring applicants to furnish bonds and sureties, appear before the trial court, and refrain from tampering with evidence or influencing witnesses.

What did the court decide?

Release on bail via personal bond and two sureties each, subject to conditions of appearance and non-tampering.

Raj Kumar Patel Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:194490

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Court No. - 75

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1. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38709 of 2023 Applicant :- Raj Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Sonia Kulshreshtha,Ram Lakhan Deobanshi Counsel for Opposite Party :- G.A.

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Alongwith

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2. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27501 of 2023 Applicant :- Prashant Soni Opposite Party : - State of U.P. Counsel for Applicant :- Shivendra Tripathi,Aklank Kumar Jain Counsel for Opposite Party :- G.A.

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3. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27548 of 2023 Applicant :- Yogesh Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shivendra Tripathi,Aklank Kumar Jain Counsel for Opposite Party :- G.A.

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4. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33780 of 2023 Applicant :- Vijay Shankar Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicants, learned AGA for the State who has filed counter affidavit on behalf of the State in Criminal Misc. Bail Application No.38709 of 2023 which is taken on record, and perused the record.

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The instant bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No.114 of 2023, under Section 8/20 NDPS Act, Police Station Lalauli, District Fatehpur, during the pendency of trial.

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It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. It is further contended that from the alleged Scoda Car 90kg ganja was recovered which has been shown to be recovered from the possession of all the four accused persons who were traveling in the said car. Learned counsel for the applicants also contends that in the same Case Crime, two other co-accused persons Suni Bind and Gauri Shankar Prajapati were also made accused who were alleged to have 15kg ganja each on one motorcycle. He seeks parity with the aforesaid coaccused persons who have already been enlarged on bail by the co-ordinate Benches of this Court vide order dated 05.07.2023 passed in Criminal Misc. Bail Application No.27198 of 2023 and order dated 27.07.2023 passed in Criminal Misc. Bail Application No.23487 of 2023. There is no previous criminal history of the applicants. There is no likelihood of their abscondence or tampering with the evidence. The applicants are languishing in jail since 25/26.04.2023. In case the applicants are released on bail, they will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail applications are allowed.

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Let the applicants - Raj Kumar Patel, Prashant Soni, Yogesh Pratap Singh and Vijay Shankar Prajapati , involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 10.10.2023

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Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Raj Kumar Patel v. State of U.P.

Case brief

What is this about?

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Raj Kumar Patel v. State of U.P.

Case brief

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