Allowed

Ram Prakash Chaubey v. State of U.P.

Allahabad HC19 Nov 2018BAIL/35926/2018

Case brief

AI extract

What is this about?

The Hon'ble Court allowed Criminal Misc. Bail Application filed by an applicant accused under Sections 8/20 of the N.D.P.S. Act. Granting bail was made subject to furnishing a personal bond and two sureties and complying with standard conditions to prevent tampering with evidence.

What did the court decide?

Bail to be granted on personal bond and two sureties subject to specified conditions.

Ram Prakash Chaubey Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35926 of 2018 Applicant :- Ram Prakash Chaubey Opposite Party :- State Of U.P. Counsel for Applicant :- Kapil Kumar Pandey,Virendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant submitted that initially the accused was on bail vide order dated 6.1.1997 passed by this Court in Criminal Misc. Bail Application No. 183 of 1997 and due to his absence, N.B.W. was issued and he was arrested by the Police on 29.7.2018 till then he is languishing in jail (more than three and half months); having no criminal history; he is a poor person; his wife is suffering from cancer; the applicant is innocent and has been falsely implicated in the present case; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. One more opportunity be granted to the applicant.

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Learned AGA opposed the prayer for bail and admitted that the applicant has no criminal history.

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Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the bail application is allowed.

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Let applicant Ram Prakash Chaubey involved in Case Crime No. 308 of 1996, under Section 8/20 of N.D.P.S. Act, Police Station Mughal Sarai, District -Varanasi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 19.11.2018/OP

Ram Prakash Chaubey v. State of U.P.

Case brief

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Ram Prakash Chaubey v. State of U.P.

Case brief

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