Rinku Kumar @ Bhola v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42715 of 2023 Applicant :- Rinku Kumar @ Bhola Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Dixit Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, and learned A.G.A. for the State and perused the records.

¶3The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 203 of 2023, under Section 8/20 N.D.P.S. Act, Police Station Friends Colony, District Etawah, during pendency of the trial.

¶4Learned counsel for the applicant submits that applicant was neither arrested on the spot nor any contraband was recovered from his possession, his name came into picture in the statement of co-accused Omprakash @ Chotala who has been assigned the similar role to the role of the applicant has already been enlarged on bail by the coordinate Bench of this Court vide order date

13.09.2023 passed in Criminal Misc. Bail Application No. 38599 of 2023. One case criminal history has already been explained through supplementary affidavit filed today which is kept on record and which has to be tagged by the office. The applicant is languishing in jail since 30.07.2023 in case he is enlarged on bail, he will not misuse the said liberty, and there is no likelihood of abscondence or tampering with evidence.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Rinku Kumar @ Bhola involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶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 :- 2.11.2023 Vikram High Court of Judicature at Allahabad