Allowed

Pankaj Kumar Rawat @ Bantul v. State of U.P.

Allahabad HC23 Feb 2023BAIL/6724/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application for an accused charged under NDPS and Drugs and Cosmetic Acts at Police Station Naini. The court found that no contraband was recovered from the applicant and a similarly situated co-accused had already been released. The applicant was ordered to furnish bond to two sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in like amount to the satisfaction of the court.

Pankaj Kumar Rawat @ Bantul Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6724 of 2023

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Applicant :- Pankaj Kumar Rawat @ Bantul Opposite Party :- State of U.P. Counsel for Applicant :- Lokesh Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar Nigam,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This bail application has been filed by the accusedapplicant for releasing him on bail in Case Crime No.724 of 2022, under Section 8/21 NDPS Act & 18(a)(i), 18(c) 27 of Drugs and Cosmetic Act, 1940 & Section 34 IPC at Police Station - Naini, District Prayagraj.

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Learned counsel for the applicant submitted that no contraband has been recovered from the person of applicant and it is only a sum of Rs.35,000/- along with two mobile phones, which was found by the police in the alleged search. It has been further contended by learned counsel for the applicant that applicant has no criminal history and other co-accused - Abhishek Kumar Rawal, from whose person, a sum of Rs.3,000/- was recovered, has been granted bail by this Court, vide order dated 15.2.2023 passed in Criminal Misc. Bail Application No.4283 of 2023. Copy of the bail order has been supplied by learned counsel for the applicant which is taken on record. It is lastly submitted that there are no chances of the applicant fleeing away from the judicial process or of tampering with the prosecution evidence. Applicant has no criminal history and is languishing in jail since 16.12.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned AGA has opposed the prayer of bail but could not deny the fact that similarly circumstanced co-accused has been released on bail by this Court, vide order dated 15.2.2023 as well as that accused-applicant has no criminal history to his credit.

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Considering the entire facts and circumstances of the case, submissions advanced by learned counsel for the parties and without expressing any opinion on merits of

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the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant - Pankaj Kumar Rawat @ Bantul in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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

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Order Date :- 23.2.2023 Rishabh

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[Manish Kumar Nigam, J.]

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

Pankaj Kumar Rawat @ Bantul v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pankaj Kumar Rawat @ Bantul v. State of U.P.

Case brief

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What did the court decide?

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