Ravi v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38138 of 2023 Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Sheshadri Trivedi,Rajesh Kumar Bind,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised. Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Sheshadri Trivedi, learned counsel for the applicant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.

¶2Applicant seeks bail in Case Crime No. 200 of 2023, U/S 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Hathras Gate, District Hathras, during the pendency of trial.

¶3It is submitted by learned counsel for the applicant that similarly placed co-accused person, Rajesh @ Kooki has already been enlarged on bail by this Court vide order dated 7.8.2023 passed in Criminal Misc. Bail Application No. 33348 of 2023. The applicant is languishing in jail since 20.6.2023. The criminal history one case against the applicant has been explained. There is no other case against the applicant pending under the NDPS Act. The rigors of Section 37 NDPS Act cannot be attracted to the present case. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

¶4The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of parity to the co-accused has not been disputed by him.

¶5Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed on the ground of parity.

¶6Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

¶7Without expressing any opinion on the merits, the bail application is allowed. Let the applicant-Ravi who is involved in aforementioned 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 13.10.2023\Shalini High Court of Judicature at Allahabad