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2025 DAILYLAW 22575 (ALL)

PRASHANT @ DEEPU v. STATE OF U.P.

BAIL/6682/2025 · 2025-04-27

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65144 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6682 of 2025 Applicant :- Prashant @ Deepu Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Gautam,Arya Suman Pandey,Rajendra Kumra Sah,Tushar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, learned Additional Government Advocate for the State and perused the record. The present bail application has been filed by accused- applicant- Prashant @ Deepu seeking bail in Case Crime No. 199 of 2024, under Section 21, 22 NDPS Act, 1985, Sections 411, 414 I.P.C. and Section 41/102 Cr.P.C., Police Station- Hathras Kotwali, District- Hathras. Learned counsel for the applicant submits that the similarly placed co-accused, namely, Aniket @ Ankur has already been enlarged on bail by this Court by order dated 12.03.2025 passed in Criminal Misc. Bail Application No. 8720 of 2025 copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Aniket@ Ankur who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the facts that the recovered quantity is below commercial, he is in jail since 25.05.2024 prima facie there appears to be no independent witness and period of incarceration gone into by the applicant, the stringent conditions as contained in Section 37 of the N.D.P.S. Act are not attracted in this case and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Prashant @ Deepu involved in aforesaid case crime number be released on bail on his 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) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. Order Date :- 28.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad