Single-bench criminal bail application under Section 439 Cr.P.C. in an NDPS trial case. The High Court, without commenting on merits, granted bail to the applicant on furnishing a personal bond and two sureties subject to standard conditions.
Release on bail on personal bond and two sureties.
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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59157 of 2022 Applicant :- Rakesh Yadav @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State-opposite party.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 300 of 2022, under Sections 8/20/22/25 of the Narcotics Drugs and Psychotropic Substances Act, 1985, Police Station Sidhari, District Azamgarh during the pendency of the trial.
It is contended that the applicant has been falsely implicated in the instant case. The applicant was not arrested at the spot. The applicant was nominated as an accused in the first information report pursuant to the statement made by coaccused Anil Yadav and Surendra Yadav before the police authorities. The said statement insofar as it implicates the applicant is unreliable. No recovery of the alleged contraband was made from the applicant. The criminal history of the applicant has been explained in Paragraph-33 of the affidavit. The applicant is in jail since 23.08.2022 and if he is released on bail, he will not misuse the said liberty.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Rakesh Yadav alias Sonu, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:
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 :- 28.1.2023
SKT/-
Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in an NDPS case under Section 439 Cr.P.C. given allegations of false implication and lack of spot recovery.
Whether the applicant can furnish a personal bond and sureties to secure bail subject to standard conditions.
Whether the applicant can be released on bail without tampering prosecution evidence or pressurizing witnesses.
2 provisions across 2 enactments
Rakesh Yadav @ Sonu
State of U.P.
Vivek Varma
Shiva Kant Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
