Allowed

Monu v. State of U.P.

Allahabad HC11 Sept 2019BAIL/13620/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 13620 of 2019, the Court allowed the bail application of Monu, accused in an NDPS Act case. The applicant was found to be entitled to release on bail subject to conditions, and the trial court was directed to conclude the case within six months.

What did the court decide?

Released on bail on personal bond and two reliable sureties subject to specified conditions during trial.

Monu Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13620 of 2019

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Applicant :- Monu Opposite Party :- State Of U.P. Counsel for Applicant :- Namit Kumar Sharma, Ajeet Kumar Chaurasiya Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Namit Kumar Sharma, learned counsel for the applicant, learned A.G.A. for State and perused the material available record.

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This bail application has been filed by the accused-applicant Monu, who is involved in Case Crime No. 412 of 2017, under Sections 21/22 NDPS Act, Police Station G.R.P., District Mathura.

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Learned Counsel for the applicant submits that accused/applicant has been falsely implicated in this case. It is further submitted that allegedly, 185 gram of Alprazolam power, one mobile phone and Rs.700/- was shown to have been recovered from possession of the accused-applicant. It is further submitted that mandatory provision of NDPS Act have not been complied with. No public witness was taken at the time of recovery. Applicant is languishing in jail since 13.08.2017. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Per contra, learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the accused applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let applicant Monu be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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However, it is directed that trial Court shall make all endavour to decide the case preferably within six months without granting unnecessary adjournment to the parties.

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Order Date :- 11.9.2019 I.A.Siddiqui

Monu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Monu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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