Vineet Kumar Jaiswal vs State Of U P

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5152 of 2017 Applicant :- Vineet Kumar Jaiswal Opposite Party :- State Of U.P.

Counsel for Applicant :- Abhishek Shukla,Ramanand Gupta Counsel for Opposite Party :- G.A.

Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

The applicant seeks bail in Case Crime No. 135 of 2015, under Section 8/20 N.D.P.S. Act, Police Station- Utraon, District. Allahabad.

Learned counsel for the applicant submitted that applicant was not arrested on the spot and nothing was recovered from the possession of the applicant and in the confessional statement of the co-accused persons complicity of the applicant is being revealed at the time of his arrest. The applicant was arrested after 11 months of the incident. The applicant is in jail since 27.05.2016.

Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.

Let the applicant- Vineet Kumar Jaiswal, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant shall co-operate in the investigation.

2. The applicant shall not tamper with the prosecution evidence.

3. The applicant shall not pressurize the prosecution witnesses.

4. The applicant shall appear on the date fixed by the trial Court.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 8.11.2017 Sanjeet