Hariom vs State Of U.P.
2014 Latest Caselaw 4816 ALL

Citation : 2014 Latest Caselaw 4816 ALL
Judgement Date : 22 August, 2014

Allahabad High Court

Hariom vs State Of U.P. on 22 August, 2014

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26978 of 2014
 
Applicant :- Hariom
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sanjay Kumar Dwivedi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Sanjay Kumar Dwivedi, learned counsel for the applicant and Sri Ajit Kumar Singh-I, learned A.G.A. appearing for the State.

It has been contended by the learned counsel for the applicant that the applicant has come into light in the confessional statements of Ramveer and Bhagwan Singh, who is arrested on the spot. It has been submitted that the applicant is said to have flee from the place of occurrence. Morover, no contraband article has been recovered from the possession of applicant. The applicant is in jail since 07.03.2014.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

Let the applicant Hariom involved in Case Crime No. 60 of 2014, under Section 21/22 N.D.P.S. Act, Police Station Kotwali, District Mathura be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

The case of applicant is distinguished from the case of co-accused Ramveer and Bhagwan Singh from who certain recovery was made.

Order Date :- 22.8.2014