Allowed

Ranjay Kumar Maurya v. State of U.P.

Allahabad HC23 Sept 2019BAIL/19208/2019

Case brief

AI extract

What is this about?

In a criminal bail application under the N.D.P.S. Act, the Single Judge allowed the application, releasing the accused on bail subject to conditions regarding tampering, trial conduct, and cessation of criminal activities, emphasizing the lack of recovered evidence.

What did the court decide?

Ranjay Kumar Maurya released on bail by furnishing a personal bond, two reliable sureties, and filing an undertaking, subject to specific conditions and trial expedited within one year.

Ranjay Kumar Maurya 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. - 19208 of 2019

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Applicant :- Ranjay Kumar Maurya Opposite Party :- State Of U.P. Counsel for Applicant :- Raj Kumar Singh,Sunil Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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

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Accused-applicant, involved in Case Crime No.44 of 2019, under Section 8/20 N.D.P.S Act, Police Station Bansdih Road, District Ballia, applied for bail.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant. Alleged recovery is false and fake. It is further submitted that mandatory provision of N.D.P.S. Act has not been complied with at the time of alleged recovery. No public witness was taken at the time of recovery. Applicant is in jail since 8.4.2019 and he has no criminal history. It is further submitted that there is no possibility of the applicant's 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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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 and submitted that applicant has been arrested with the possession of 21 Kg. Ganja for which he had no valid license.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the accused-applicant and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed .

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Let applicant Ranjay Kumar Maurya be released on bail in the aforesaid case crime on his furnishing a personal bond and

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two reliable sureties and filing an undertaking 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 or case.

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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 provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. Order Date :- 23.9.2019

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Manoj

Ranjay Kumar Maurya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ranjay Kumar Maurya v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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