Shiv Prakash Vishwakarma @ Chhotu v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25823 of 2023 Applicant :- Shiv Prakash Vishwakarma @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Suman Kumar Yadav,Gaurav Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Dr. Suman Kumar Yadav, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 293 of 2022, under Sections 22/25 N.D.P.S. Act, Police Station Sidhari, District Azamgarh during pendency of the trial.

¶3Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Court vide order dated 12.01.2023 passed in Criminal Misc. Bail Application No. 44710 of 2022 and he is pressing the instant second bail application on the ground that after rejection of first bail application of the applicant, bail application of co-accused Rakesh Yadav @ Sonu has been allowed by the co-ordinate Bench of this Court vide order dated 03.05.2023 passed in Criminal Misc. Bail Application No. 58445 of 2022 and from the house of co-accused Rakesh Yadav @ Sonu, the alleged Ganja was recovered.

¶4He next submits that applicant is not having any previous criminal history and in the present matter he is in jail since

29.07.2022 i.e. for more than a year.

¶5Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that after rejection of first bail application of the applicant, bail application of co-accused Rakesh Yadav @ Sonu has been allowed by the co-ordinate Bench of this Court and from the house of co-accused Rakesh Yadav @ Sonu the alleged Ganja was recovered. He further could not dispute the fact that applicant is not having any previous criminal history.

¶6I have heard learned counsel for the parties and perused the record of the case.

¶7This is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court on merit on 12.01.2023 but it appears that after rejection of first bail application of the applicant, bail application of co-accused Rakesh Yadav @ Sonu has been allowed by the co-ordinate Bench of this Court vide order dated 03.05.2023 passed in Criminal Misc. Bail Application No. 58445 of 2022 and as per prosecution the alleged Ganja was recovered from the house of co-accused Rakesh Yadav @ Sonu and applicant was present in his house at the time of arrest.

¶8The Apex Court in the case of Satender Kumar Antil Vs. Central Breau of Investigation and another (2022) 10 SCC 51 in paragraph-98 observed that while deciding the bail application, the Courts should also consider the fact that all the accused persons should be treated equally.

¶9Therefore, considering the observation made by the Apex Court in the case of S.K. Antil (supra) and the fact that co-accused Rakesh Yadav @ Sonu has already been released on bail, in my view, applicant is also entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant -Shiv Prakash Vishwakarma @ Chhotu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶12In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶13It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 9.11.2023 AK Pandey High Court of Judicature at Allahabad