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Neutral Citation No. - 2025:AHC:33598 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50338 of 2023 Applicant :- Satendra Opposite Party :- State of U.P. Counsel for Applicant :- Pratap Kanchan Singh,Rahul Gaur,Sheshadri Trivedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Compliance affidavit filed today by learned AGA is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. The instant 2nd bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.739 of 2021, under Sections 8/20 of N.D.P.S. Act, P.S. Sirsaganj, District Firozabad during pendency of the trial.
4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. This Court by order dated 06.12.2024 had directed the learned AGA to file order-sheet of the case diary giving reasons as to why cross examination of P.W.-1 was not completed and P.W.-2 had not been examined. Compliance affidavit has been filed with copy of the order-sheet by which it is apparent that P.W.-1 is not appearing and non-bailable warrant has been issued. Despite non- bailable warrant P.W.-1 and P.W.-2 are not appearing. Prosecution is delaying the trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 10.12.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
5. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for the applicant.
6. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. &
Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant, Satendra, who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad