Allowed

Phani Bhushan Mandal v. State of U.P.

Allahabad HC3 Jan 2019BAIL/13704/2018

Case brief

AI extract

What is this about?

In this bail application concerning possession of heroin, the court granted bail, noting that the non-compliance of Section 50 of the NDPS Act was a significant factor. The applicant is to surrender on a personal bond with two sureties, subject to specific conditions ensuring presence in court and preventing abuse of liberty.

What did the court decide?

Released on bail on personal bond with two local sureties, subject to conditions ensuring presence in court and no adjournments.

Phani Bhushan Mandal Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13704 of 2018

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Applicant :- Phani Bhushan Mandal Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that 1 Kg. 470 gram contraband article, i.e., Heroin is said to have been recovered from the possession of the applicant. He further submits that there is no compliance of mandatory provisions of Sections 50 of N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has no criminal history with respect to the N.D.P.S. Act. It has also been submitted that the applicant is languishing in jail since . The applicant has no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Phani Bhushan Mandal involved in Case Crime No. 232 of 2017, under Section 8/21 N.D.P.S. Act, Police Station Kotwali, District Bareilly be released on bail on his furnishing a personal bond with two local sureties each in the like amount to the satisfaction of magistrate/court concerned, with the following conditions:-

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i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case

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of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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 :- 3.1.2019 Arti

Phani Bhushan Mandal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Phani Bhushan Mandal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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