Kapil Dev vs Union Of India Through ...
2013 Latest Caselaw 2521 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2963 of 2013
 

 
Petitioner :- Kapil Dev
 
Respondent :- Union Of India Through N.C.B.,Lucknow
 
Petitioner Counsel :- Arvind Srivastava,Prateek Kumar Srivastava
 
Respondent Counsel :- Jayant Singh Tomar
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., Sri J.S. Tomar, learned counsel for Narcotic Control Bureau, Lucknow and perused the record.

It is contended by learned counsel for the applicant even according to the prosecution version no contravant  has been recovered from the possession of the applicant. According to the recovery memo also no contravent  / charas has been recovered from the possession of the applicant. The recovery of the contravent has been made from the  co-accused Akhilesh Yadav. The co-accused Ajit Prajapati was also apprehended along with the applicant, from his possession also no contravent has been recovered. He has been released on bail by this court on 20.5.2013 in Crl. Misc. Bail  Application No. 2190 of 2013. the case of the applicant is based on the same footing  with the case of above mentioned co-accused, therefore, he may also be released on bail.  The applicant is in Jail since 12.6.2012.

In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Kapil Dev involved in case crime No. 2 of 2012 under sections 8/20/27-A/29N of N.D.P.S. Act Challani N.C.B. Lucknow, District Barabanki be released on bail on his furnishing personal bond and two heavy sureties to the satisfaction of the court concerned with the followings conditions:

*That the applicant shall not tamper with the evidence.

**That he shall report to the court of C.J.M. concerned in the first week of the each  month to show his good conduct and behaviour till the conclusion of the trial.

In case of default in any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 22.5.2013

RPD