Ratan Kumar Soni v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42092 of 2023 Applicant :- Ratan Kumar Soni Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Singh,Krishna Prakash Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of this bail application applicant seeks bail in Case Crime No.30 of 2023, under Sections 8/20 NDPS Act, Police Station Ahraura, District Mirzapur, during the pendency of trial.

¶3Learned counsel for the applicant has argued that the applicant is innocent. He is not named in the FIR. His name has come into picture in the confessional statement of the co-accused persons. Neither any contraband substance was recovered from his possession nor he was arrested on the spot. He further contends that with regard to the alleged recovered contraband substance there is no independent witness. It is also contended that in fact the applicant has a jewellery shop; the police personnel made extortion which was denied by him due to which he has been falsely implicated in this case concocting a false story. There was no compliance of mandatory provision of Sections 42 and 50 of the NDPS Act. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The criminal history of the applicant has been explained in paragraph-22 of the affidavit filed in support of the bail application 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 26.07.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has vehemently opposed the bail application but he could not dispute the submission made above.

¶5Having 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.

¶6Let the applicant - Ratan Kumar Soni, 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.

¶7In 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 :- 3.11.2023 Shahroz High Court of Judicature at Allahabad