Bablu Dom v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42404 of 2023 Applicant :- Bablu Dom Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

¶2The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 606 of 2017, under Sections 8/21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station G.R.P. Mughalsarai, District-Chandauli, during the pendency of the trial.

¶3Learned counsel for the applicant submits that initially the accused-applicant was granted bail on 23.7.2018, thereafter, due to his non-appearance before the trial Court, the N.B.W. order and other processes were issued against the applicant. It is contended that the applicant was in jail in another case, therefore, the applicant could not appear before the Court nor was he summoned by the Court in the present matter. The criminal history of the applicant has been explained in para 2 of the supplementary affidavit. The applicant is in jail since 21.10.2019. It is submitted that the applicant would appear before the trial court on each and every date fixed by it.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Considering the rival submissions of learned counsel for parties, as it is a case of abscondance and the applicant undertakes to cooperate in the trial, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

¶6Let the applicant-Bablu Dom, 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 tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses; and,

(iii) the applicant shall appear on each and every date fixed by the trial court.

(iv) the applicant shall not leave the territory of district Chandauli, without prior permission of the trial court.

¶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 :- 4.12.2023 S.Verma High Court of Judicature at Allahabad