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2025 DAILYLAW 89603 (ALL)

SUNEEL KUMAR v. STATE OF U.P.

BAIL/31446/2024 · 2025-02-14

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21532 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31446 of 2024 Applicant :- Suneel Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh,Kundan Kumar,Mrityunjay Singh,S.S. Rajput,Samir Mishra,Soneya Advani Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. By means of this application, applicant, who is involved in Case Crime No. 240 of 2024, under Sections 8/20/29 NDPS Act, Police Station Jawan, District Aligarh, seeks enlargement on bail during the pendency of trial. 3. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is alleged that 15 KG 300 Gram contraband (Ganja) has been recovered from the possession of the applicant, which is well below the commercial quantity. He further submits that there is no independent witness to support the prosecution version. He next contended that there is no compliance of Sections 42, 50 & 52-A of NDPS Act with regard to search and seizure. Learned counsel submits that there are ten other cases registered against the applicant in which he has already been enlarged on bail. Learned counsel next contended that the co-accused Shailesh has already been granted bail by this Court on 12.08.2024 in Criminal Misc. Bail Application No. 29788 of 2024. Learned counsel for the applicant submits that the applicant is languishing in jail since 25.06.2024, deserves to be released on bail. He further submits that In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 4. Learned A.G.A. has vehemently opposed the bail of the applicant but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the co- accused has already been enlarged on bail by this Court. 5. 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. 6. Let the applicant Suneel Kumar 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. 7. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 14.2.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad