The Allahabad High Court has granted conditional bail on the application filed for the third time by Syed Shoeb, an accused in a case under the Narcotic Drugs and Psychotropic Substances Act at NCB Police Station, Lucknow.
A single-judge bench of Justice Ajit Singh passed this order while hearing a Criminal Misc Bail Application filed by Syed Shoeb.
By means of the application, the applicant who is involved in Case under sections 8/21, 27A and 29 NDPS Act, PS- N.C.B Lucknow, is seeking enlargement on bail during the trial.
This is the third bail application of the applicant. The first two bail applications of the applicant were rejected by R.K Gautam, Justice as His Lordship was then by orders dated 2.8.2019 and 9.1.2019 passed in Criminal Misc Bail Application nos 13919 of 2019 and 798 of 2019.
The new ground on which the applicant is seeking enlargement on bail during the trial, vide this application is that the applicant is a poor person and his family is on the verge of starvation.
Counsel for the applicant submitted that the applicant is in jail since 15.4.2018 and the trial has not yet been concluded.
He further submitted that after the rejection of the first bail application of the applicant similarly placed co-accused, Jai Narayan Gupta, was enlarged on bail by another Bench of the Court by order dated 8.3.2019.
He also submitted that since the role of the applicant is identical to that of co-accused Jai Narayan Gupta, who has already been enlarged on bail, he is also entitled to be enlarged on bail on merits as well as parity.
Ashish Pandey, counsel for the Union of India, vehemently opposed bail but has not disputed the fact that the applicant is languishing in jail since 15.4.2018.
“Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of the counsel for the parties, considering the period of detention in jail, considering the law laid down in the case of Data Ram Vs State of U.P and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial,” the Court observed.
The Court ordered,
Let the applicant, Syed Shoeb involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.