Allahabad High Court
Rinku @ Rajeev vs State Of U.P. on 24 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1099 of 2023 Applicant :- Rinku @ Rajeev Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Anand Pati Tiwari, learned counsel for the applicant and Sri Jhamman Ram, learned AGA, for the State.
The instant application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No. 404 of 2022, under Section 8/22 NDPS Act, Police Station Chibramau, District Kannauj.
According to the prosecution case, three accused persons including applicant were apprehended and from their possession 1kg. each Diazepam powder was recovered.
Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and in fact no contraband was recovered from the possession of the applicant. He further submits that at the time of recovery no public witness was taken although recovery was made from the public place. He next submits that as per prosecution, applicant and two other co-accused persons also opened fire upon the police party but none sustained any injury and this fact clearly suggests that the story narrated by the police in the FIR/recovery memo is totally false and baseless and on the basis of false recovery applicant along with two others have been made accused in the present matter.
He next submits that applicant is although having previous criminal history of one case of Section 307 IPC but after his arrest in the present matter he was implicated in four other cases. Therefore, at present apart from the present case, applicant is having criminal history of five other cases but he is not having any criminal history of NDPS Act. He further submits that out of five cases, four cases are of Indian Penal Code and one case is of Arms Act.
He further submits that along with applicant co-accused Anuj was also apprehended and from his possession also 1kg. Diazepam powder was recovered and he was also having criminal history but he has been released on bail by Coordinate Bench of this Court vide order dated 20.12.2022 passed in Criminal Misc. Bail Application No.54100 of 2022 and the copy of the bail order of co-accused Anuj has been annexed as Annexure-2 to the affidavit filed in support of the present bail application and, therefore, on the ground of parity applicant may also be released on bail.
Per contra, learned AGA opposed the prayer for bail and submitted that from the possession of applicant 1kg Diazepam powder was recovered which is the commercial quantity but could not dispute the fact that co-accused Anuj has been released on bail by Coordinate Bench of this Court and from the possession of co-accused Anuj also 1kg Diazepam powder was recovered.
I have heard learned counsel for the parties and perused the record of the case.
As per prosecution case, three accused persons including applicant were apprehended and from their possession 1kg each Diazeapam powder were recovered.
From the possession of co-accused Anuj also 1kg diazepam powder was recovered and he has been released on bail by Coordinate Bench of this Court, his order has been annexed as Annexure-2 to the affidavit filed in support of the present bail application.
From the perusal of the bail order of co-accused Anuj dated 20.12.2022 it appears that while granting bail of co-accused Anuj, Coordinate Bench of this Court also considered the judgment of the Apex Court in the case of Union of India Vs. Shiv Shankar Keshari, 2007 (7) SCC 798 and after relying upon the same, bail of co-accused Anuj was granted.
From the possession of the applicant 1kg diazepam powder was recovered and he is having criminal history of five other cases but criminal history of the applicant has been explained in the affidavit filed in support of the present bail application and applicant is not having previous criminal history of NDPS Act and he is in jail in the present matter since 14.7.2022 and his case is at par with co-accused Anuj, therefore, from the discussions made above, in my view, on the ground of parity applicant is also entitled to be released on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant-Rinku @ Rajveer be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 24.2.2023 SKM