Allowed

Neeraj Pal v. State of U.P.

Allahabad HC2 Jan 2019BAIL/16858/2018

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a case under Sections 18/20 of the N.D.P.S. Act involving recovery of Charas. Bail was granted subject to personal bond, sureties, and specific attendance conditions, with a direction to the trial court to expedite the trial within six months.

What did the court decide?

Applicant Neeraj Pal released on bail with personal bond and two sureties under specified conditions to appear in court and expedite trial.

Neeraj Pal 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. - 16858 of 2018

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Applicant :- Neeraj Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Surya Bhan Singh,Anand Kumar Mishra,Rajiv Kumar Mishra,Shiv Nath Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard 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 11 Kilograms contraband article, i.e., Charas 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 N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has criminal history which has been explained in paragraph nos.24 to 29 of the affidavit accompanying this bail application. Learned counsel for the applicant has further submitted that the informant of the present case is the S.H.O. of the concerned police station who by misusing his powers has falsely implicated the applicant in the present case as well as in some other case for which the mother of the applicant has moved a complaint against the said officer before the Circle Officer concerned on 3.2.2016 on which an inquiry was conducted, a reference in this regard is made to annexure SA-1 to the supplementary affidavit, which is on record. The applicant is in jail since 15.1.2016.

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

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Without expressing any opinion on the merits of the case and 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, the applicant is entitled to be released on bail in this case.

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Let the applicant Neeraj Pal involved in Case Crime No.20 of 2016, under Section 18/20 N.D.P.S. Act, Police Station Kakadeo, District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following condition:-

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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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his

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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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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 2.1.2019 Dev/-

Neeraj Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Neeraj Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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