Vaibhav Chandra v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39014 of 2023 Applicant :- Vaibhav Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Pandey 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.477 of 2023, under Sections 8/20 of the NDPS Act and Section 34 IPC, Police Station Robertsganj, District Sonbhadra, during the pendency of trial.

¶3Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that there is no public witness regarding the said contraband and also there is no compliance of mandatory provisions of the NDPS Act during search, seizure and arrest of the applicant. There is no chemical analysis report to corroborate the prosecution version. It is also contended that the applicant is entitled to be enlarged on bail on the ground of parity with the co-accused Rajeev Ranjan who has already been enlarged on bail by this Court vide order dated 02.12.2023 passed in Criminal Misc. Bail Application No.40596 of 2023 as the case of the applicant is on the better footing to that of the aforesaid co-accused. There is no previous criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 07.08.2023. 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 the 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 - Vaibhav Chandra, 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 :- 5.12.2023 Shahroz High Court of Judicature at Allahabad