Citation : 2016 Latest Caselaw 3141 ALL
Judgement Date : 27 May, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31788 of 2013 Applicant :- Pravesh Kumar @ Vesha Opposite Party :- State Of U.P. Counsel for Applicant :- Sumit Daga Counsel for Opposite Party :- Govt. Advocate Hon'ble Kaushal Jayendra Thaker,J.
List revised. Even in the 3rd round, no one appears on behalf of the applicant. Applicant is in jail since 1.9.2013.
The learned AGA has filed counter affidavit on 11.3.2014 which is already on record. Rejoinder affidavit was to be filed within three weeks.
When enquired from the learned AGA, he is not aware what is the status of the Case Crime No.201 of 2013 filed under section 18/20 N.D.P.S Act, Police Station Kotwali Nagar, District Saharanpur.
It is contended in the application that mandatory provisions of N.D.P.S Act has not been complied with in the present case. It is next contended in the application that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended in the application that the applicant has no criminal history and the applicant is in jail since 1.92013 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely, Pravesh Kumar @ Vesha involved in case crime No.201 of 2013, under Sections 18/20 of N.D.P.S. Act, police station Kotwali Nagar, District Saharanpur be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
4. The applicant shall appear on 15th of every month before the police station concerned to show his good conduct and behaviour.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 27.5.2016
IB
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