Allowed

Kundan Kumar v. State of U.P.

Allahabad HC29 Apr 2025BAIL/3357/2025

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS in a case involving BNS offences and the NDPS Act. Counsel argued parity with an enlarged co-accused. The court found a case for bail without commenting on merits and released the applicant on bond with sureties and standard conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties, with conditions; breach permits cancellation.

Kundan Kumar vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:82562

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3357 of 2025

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Applicant :- Kundan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Pandey,Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Counter and rejoinder affidavits filed today, which are taken on record.

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Heard Sri Dheeraj Kumar Pandey, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the Staterespondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Kundan Kumar, seeking enlargement on bail in Case Crime No. 54 of 2024, under Sections 319 (2), 318 (4), 338, 336 (3), 340 (2) BNS and Section 8/20 NDPS Act as well as Section 207 M.V. Act, Police Station- Unj, District- Bhadohi.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 04.08.2024. It is submitted that similarly placed co-accused, Mohd. Shivan Eraki, has already been enlarged on bail of by coordinate Bench of this Court by order dated 05.04.2025 passed in Criminal Misc. Bail Application No. 36063 of 2024, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Mohd. Shivan Eraki, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Kundan Kumar involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 15.5.2025 v.k.updh.

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

Kundan Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kundan Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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