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2025 DAILYLAW 19447 (ALL)

GUDDU BAITHA v. STATE OF U.P.

BAIL/5567/2025 · 2025-02-26

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27707 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5567 of 2025 Applicant :- Guddu Baitha Opposite Party :- State of U.P. Counsel for Applicant :- Indrapal Vishwakarma,Ramesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. By means of the present bail application, the applicant seeks bail in Case Crime No. 153 of 2024, under Section 8/20 of Narcotic Drugs & Psychotropic Substances Act, 1985, Police Station- Mungra Badshahpur, District- Jaunpur, during the pendency of trial. It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and he was not arrested from place of incident. His name has occurred in the first information report on the pointing out by the two other co- accused Girjesh Kurmi and Ratan Sanjay, who had already been enlarged on bail. It is further contended that there is no criminal history of the applicant. The applicant is languishing in jail since 22.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. Learned AGA vehemently opposed the bail application but could not dispute the said fact. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court finds that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant- Guddu Baitha, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 27.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad