Roopak @ Ramashankar Pathak v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40382 of 2023 Applicant :- Roopak @ Ramashankar Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Second supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶3By means of this bail application applicant seeks bail in Case Crime No.244 of 2021, under Sections 8/21 NDPS Act, Police Station Sonha, District Basti, during the pendency of trial.

¶4Learned counsel for the applicant has argued that the applicant is innocent. It is further contended that the alleged incident took place at a public place but no independent or public witness has come forward in support of the prosecution. It is also contended the alleged recovered ganja is about 2.3kg which falls under the medium category. There is no compliance of the mandatory provisions of the NDPS Act. It is further contended that there is criminal history of two cases against the applicant which has been explained in paragraphs-2 and 3 of the supplementary affidavit dated 13.09.2023 in which he has been enlarged on bail. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 16.12.2021. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA has vehemently opposed the bail application but could not dispute the aforesaid submission made by the counsel for the applicant.

¶6Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶7Let the applicant - Roopak @ Ramashankar Pathak, 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 31.10.2023 Shahroz High Court of Judicature at Allahabad