Allahabad High Court
Shiv Kumar @ Pakhandu vs State Of U.P. on 16 October, 2019
Author: Pradeep Kumar Srivastava
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39458 of 2019 Applicant :- Shiv Kumar @ Pakhandu Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Pradeep Kumar Srivastava,J.
Heard Ms. Salma Bano Rizvi, Advocate holding brief of Sri Ashok Kumar Srivastava, learned counsel for the applicant , learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant Shiv Kumar @ Pakhandul in connection with Case Crime No.102 of 2019, under Section 8/21 N.D.P.S. Act, P.S. Obra, District Sonbhadra.
The submission of learned counsel for the applicant is that 21 Gram illegal heroine is said to have been recovered from the possession of the applicant.Further submission is that the applicant has been falsely implicated in the present case and the recovered contraband is much less than commercial quantity. Further submission is that the charge-sheet has already been submitted by the police after investigation and there is no chance of applicant influencing the investigation. Applicant is ready to furnish bail bonds and sureties as per direction of the Court and he also undertakes to appear before the trial court as and when he is required. Next submission of the learned counsel for the applicant is that the applicant is in jail since 28.03.2019 hence, the applicant is entitled to be released on bail.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the other co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Shiv Kumar @ Pakhandu involved in in connection with Case Crime No.102 of 2019, under Section 8/21 N.D.P.S. Act, P.S. Obra, District Sonbhadra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1).The applicant shall not tamper with the prosecution evidence;
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v)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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 16.10.2019 aks