An accused is entitled to be released on bail if there is no recovery from his possession, his name is disclosed by co-accused who has already been released on bail, and the accused has no criminal history.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42879 of 2022

Applicant :- Anil Kumar Yadav

Opposite Party :- State of U.P.

Counsel for Applicant :- Bhaju Ram Prasad Sharma,Arvind Kumar

Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1. Rejoinder affidavit on behalf of the applicant filed today, is

taken on record.

2. Heard Sri Bhaju Ram Prasad Sharma, learned counsel for

the applicant and Dr. S.B.Maurya, learned AGA-I, for the

State.

3. The instant bail application has been filed seeking release of

the applicant on bail in Case Crime No.134 of 2022, under

Section8/21/23 NDPS Act, Police Station Sonauli, District

Maharajganj during pendency of the trial.

4. According to the FIR from the possession of Hardeep and

Sonu some prohibited drug (contraband) were recovered and

they disclosed that they have purchased the contraband from

applicant.

5. Learned counsel for the applicant submits that applicant was

neither arrested from the spot nor any contraband was

recovered from his possession and from the perusal of the

recovery memo it appears that his name surfaced in the present

matter on the basis of disclosure made by co-accused Sonu and

Hardeep and from the possession of Sonu and Hardeep alleged

contraband [drug] were recovered. He further submits that

applicant is having no criminal history and he is in jail since

31.8.2022 and co-accused Sonu has already been released on

bail; by this Court on 2.1.2023 vide Criminal Misc. Bail

Application No.45029 of 2022.

6. Per contra, learned AGA although opposed the prayer but

could not dispute the fact that nothing incriminating was

recovered from the possession of applicant and his name was

disclosed by co-accused persons from whose presence alleged

contraband was recovered and co-accused Sonu Kumar has

already been released on bail by this Court.

7. I have heard learned counsel for the parties and perused the

record of the case.

8. From the possession of applicant no recovery was shown

and his name was disclosed by co-accused Sonu and Sonu has

already been released on bail. Considering this fact and the fact

that applicant is having no criminal history and he is in jail

since August, 2022, in my view, applicant is entitled to be

released on bail.

8. In the light of discussions made above, without expressing

any opinion on the merits of the case, the instant bail

application is allowed.

9. Let the applicant-Anil Kumar Yadav 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.

10. In 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.

Order Date :- 5.1.2023

SKM

Digitally signed by :-

SHRAVANA KUMAR MISHRA

High Court of Judicature at Allahabad